Published Decisions

Published Decisions 2017-07-10T15:04:31+00:00

This list is representative of the type of cases our attorneys have handled through the years. It does not include all our past cases, and should not be viewed as guaranteeing the outcome in your appeal, as each case has its own unique set of facts and circumstances.

published-decisions

Steinman v. Steinman, 191 So. 3d 954 (Fla. 4th DCA 2016)
Religious freedom in a contempt proceeding

Flite v. Medi-Trans, Inc., 174 So. 3d 1128 (Fla. 4th DCA 2015)
Error in finding no subject matter jurisdiction by going beyond the four corners of the complaint

Jacobs v. Atlantic Coast Refining, Inc., 165 So. 3d 714 (Fla. 4th DCA 2015)
A new trial was granted in a civil theft action for embezzlement of funds

Adelberg v. Adelberg, 142 So. 3d 895 (Fla. 4th DCA 2014)
Imputing income to the wife in a dissolution proceeding

Talel Corporation v. Shimonovitch, 84 So. 3d 1192 (Fla. 4th DCA 2012)
Vacating an arbitration award

Westervelt v. Thyssenkrupp Elevator Corporation, 76 So. 3d 10 (Fla. 4th DCA 2012)
Negligence action – New trial required where the issue for the jury was whether the condominium association and elevator company breached their respective duties of care

Glanz v. Glanz, 63 So. 3d 936 (Fla. 4th DCA 2011)
Lis Pendens – Writ of Certiorari granted

Cohen v. Cohen, 39 So. 3d 403 (Fla. 4th DCA 2010)
Nonmarital assets did not become marital subject to equitable distribution even where placed in a joint account

French v. French, 4 So. 3d 5 (Fla. 4th DCA 2009)
Supportive relationship statute – Seeking downward modification or termination of alimony

DeChellis v. DeChellis, 925 So. 2d 379 (Fla. 4th DCA 2006)
Failure to receive adequate notice of a hearing required reversal of a Qualified Domestic Relations Order (QDRO)

Vincent v. Kaufman, M.D., 855 So. 2d 1153 (Fla. 4th 2003)
Medical Malpractice – Claimant’s failure to provide pre-suit discovery within the statutory period did not warrant dismissal

Greenberg v. Greenberg, 793 So. 2d 52 (Fla. 4th DC 2001)
Alimony and child support – Cannot award alimony based on an average of husband’s income, cannot avoid imputing investment income, and cannot use child support to inflate alimony awards

Florida Department of Transportation v. Allen, 768 So. 2d 496 (Fla. 4th DCA 2000)
Governmental agency was immune from suit by a motorist struck by the other motorist traveling the wrong way on a highway

Columbia Park Medical Center, Inc. v. Gibbs, 728 So. 2d 373 (Fla. 5th DCA 1999)
Medical malpractice – Writ of Certiorari – Protecting privileged documents from discovery

Izquierdo v. Hialeah Hospital, Inc., 709 So. 2d 187 (Fla. 3d DCA 1998)
Wrongful death/Medical malpractice – Apparent authority does not arise from the claimant’s subjective perception but from when the principal creates the appearance of authority

Brecker v. Furman, 508 So. 2d 514 (Fla. 4th DCA 1987)
Breach of a real property purchase agreement – Sellers entitled to forfeiture of full deposit; both the deposit already made and the amounts to be paid as additional deposit

Miller v. Miller, 506 So. 2d 1084 (Fla. 4th DCA 1987)
Jurisdiction when seeking modification of visitation and custody under the Uniform Child Custody Jurisdiction Act

Jones v. Jones, 451 So. 2d 936 (Fla. 4th DCA 1984)
Award of unequal distribution of equity in marital home

Haines v. Haines, 417 So. 2d 819 (Fla. 4th DCA 1982)
Reversal of award granting a change of custody of the parties’ child

T.I.E. Communications, Inc. v. Toyota Motors center, Inc., 391 So. 2d 697 (Fla. 3d DCA 1980)
Award of appellate fees under Section 57.105, Florida Statutes for a frivolous appeal

Tinsley v. McDonald, 378 So. 2d 816 (Fla. 3d DCA 1979)
Petition for Writ of Certiorari – Quashing an order that set aside a voluntary dismissal

Shore v. Abbazia, 375 So. 2d 354 (Fla. 3d DCA 1979)
Certiorari granted in a medical malpractice proceeding to terminate mediation proceedings

Garcia v. Jarvis Corporation, 368 So. 2d 946 (Fla. 3d DCA 1979)
Exclusion of testimony in a products liability case

Alls v. 7-Eleven Food Stores, Inc., 366 So. 2d 484 (Fla. 3d DCA 1979)
Despite the entry of a default judgment a defendant is allowed to enjoy the benefit of a codefendant’s successful summary judgment

Alves v. Adler Built Industries, Inc., 366 So. 2d 802 (Fla. 3d DCA 1979)
Summary judgment for defendants affirmed in a wrongful death action of a two year old child

MacIntyre v. Torres, 358 So. 2d 101 (Fla. 3d DCA 1978)
Foreclosure of a subcontractor’s mechanic’s lien reversed

Pacemaker Corp. v. Euster, 357 So. 2d 208 (Fla. 3d DCA 1978)
Arbitration – Reversal of order so as to limit the scope of matters subject to arbitration

Kelly-Springfield Tire Company v. Moore, 355 So. 2d 451 (Fla. 3d DCA 1978)
Change of venue – Reversal allowing for a change of venue in a wrongful death action brought against a tire manufacturer resulting from an accident caused by an exploding tire

Moore v. Huntington National Bank of Columbus, 352 So. 2d 589 (Fla. 3d DCA 1977)
Certiorari granted overruling the barring, on the trial court’s own motion, of a particular accident reconstruction expert on the grounds that the expert was biased.