Experience
Taboada v. Duarte, 3D23-2234, 2024 Fla. App. LEXIS 6326, 2024 WL 3800640 (Fla. 3d DCA Aug. 14, 2024)
Reversing multi-million dollar judgment enforcing a promissory note, and holding that the note was void and unenforceable under Florida law and principles of judicial estoppel did not apply.
Estate of Feliciano v. Rivertree Landing Apts., LLC et al., 387 So. 3d 422 (Fla. 2d DCA 2024), rev. denied SC2024-0787, 2024 Fla. LEXIS 1201, 2024 WL 3630178
Declining supreme court jurisdiction over district court opinion that reaffirms Florida’s long-standing body-of-water doctrine that limits a landowner’s liability for drowning in a natural body of water.
Citizens Prop. Ins. Corp. v. Avril, 385 So. 3d 140 (Fla. 4th DCA 2024)
Holding that application of an insurance policy deductible is not a defense that must be pled and requiring trial court to apply the deductible post-verdict where jury was not otherwise tasked with reduction of plaintiff’s damages.
Full Pro Restoration v. Citizens Prop. Ins. Corp., 373 So. 3d 1189 (Fla. 3d DCA 2023)
Affirming denial of a continuance of summary judgment hearing where there is no evidence that further discovery would establish relevant material facts.
Holmes v. LFI Ft. Pierce, et al., SC22-925, 2022 Fla. LEXIS 1505, 2022 WL 4930541 (Fla. 2022)
Declining to accept jurisdiction in case alleging inter-district conflict over case law applying the going-and-coming rule under section 440.092, Florida Statutes.
Spradley, etc. et al. v. Citizens Prop. Ins. Corp., 334 So. 3d 716 (Fla. 1st DCA 2022)
Affirming judgment in favor of Citizens arising from a coverage dispute in a multi-vehicle accident, finding no duty to defend as a result of a policy exclusion for ownership, maintenance, or use of the vehicle.
Gitlin v. Citizens Prop. Ins. Corp., 331 So. 3d 705 (Fla. 2d DCA 2022)
Affirming trial court’s ruling that payment of an appraisal award did not warrant award of additional attorneys’ fees in the insured’s favor as litigation as not necessary to resolve the insured’s claim.
J.L. Prop. Owners Ass’n v. Schnurr, 336 So. 3d 291 (Fla. 4th DCA 2022)
Obtaining partial reversal of a multi-million-dollar final judgment where trial court awarded remittitur of future medical care but denied the defendant’s request for new trial, and further developing Florida law on comparative fault, non-delegable duties, and Fabre defendants.
Sisson v. Titan Florida, LLC, Case No. 2019-CA-009291 AXX, Fifteenth Judicial Circuit in and for Palm Beach County, Florida, reconsideration granted (May 18, 2021)
Dismissal with prejudice for fraud on the court.
Bishop v. Lipman & Lipman, Inc., 321 So. 3d 724 (Fla. 2DCA 2021)
Affirming judgment in favor of defendant on claims for wrongful termination brought pursuant to Florida’s Whistleblower Act.
Bender v. Shatz, 300 So. 3d 193 (Fla. 4th DCA 2020)
Affirming order denying, in part, a motion to quash a writ of garnishment, and developing Florida law on the parties’ respective burdens under chapter 77, Florida Statutes.
MiMedex Grp., Inc. v. Perring, 298 So. 3d 679 (Fla. 4th DCA 2020)
Granting petition for writ of certiorari and quashing trial court order requiring disclosure of privileged audit report prepared by third-party retained to advise regarding alleged corporate misconduct.
Walters v. Beach Club Villas Condo., Inc., 301 So. 3d 343 (Fla. 3d DCA 2020)
Substantially developing Florida law relating to the scope of non-delegable duties of property owners.