Commercial Litigation & Contract Disputes
Corporate Creations Enters. LLC v. Brian R. Fons Attorney at Law, 225 So. 3d 296 (Fla. 4th DCA 2017): Reversing an order dismissing a complaint for lack of jurisdiction because the parties’ contract contained a forum selection clause.
Pomfret v. Atkinson, 137 So. 3d 1161 (Fla. 4th DCA 2014): Affirming a final judgment in a commercial dispute because the plaintiff’s statements were protected by a qualified litigation privilege.
Gorrin v. Poker Run Acquisitions, Inc., 77 So. 3d 739 (Fla. 3d DCA 2011): Reversing a summary judgment on a claim for breach of guaranty because there was no express waiver of duties by the lender.
Lawnwood Med. Ctr., Inc. v. Desai, 54 So. 3d 1027 (Fla. 4th DCA 2011): Reversing a temporary injunction in an action against a hospital involving a doctor’s application for reappointment of staff privileges.
University of Miami, Inc. v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA 2001): Reversing awards for compensatory and punitive damages in a dispute between physicians and hospitals regarding renewal of staff privileges.
Medical Malpractice & Nursing Home Negligence
OB/GYN Specialists of the Palm Beaches, P.A. v. Mejia, 134 So. 3d 1084 (Fla. 4th DCA 2014): Reversing a judgment against an obstetrician and her medical practice in a medical malpractice action because the trial court wrongfully excluded relevant evidence.
Benjamin v. Tandem Healthcare, Inc., 93 So. 3d 1076 (Fla. 4th DCA 2012): Reversing a final judgment for the defendant in a nursing home negligence case and remanding for a new trial because the trial court erred by excluding evidence.
Wilbur v. Hightower, 778 So. 2d 381 (Fla. 4th DCA 2001): Reversing an order granting a new trial for the defendants in a medical malpractice action and remanding for entry of judgment on $2.4 million jury verdict.
St. Mary’s Hospital, Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000): Answering a certified question of great public important and holding that the statutory cap on noneconomic damages for a medical malpractice claim decided in voluntary binding arbitration applies to each claimant, individually, and that the Medical Malpractice Act specifies the range of available damages, even if the claim involves a wrongful death.
Personal Injury & Wrongful Death
Botta v. Florida Power & Light Co., 197 So. 3d 1222 (Fla. 4th DCA 2016): Affirming an order granting a new trial on the plaintiff’s negligence and comparative liability in an automobile accident case.
Vitrano v. Florida Power & Light Co., 190 So. 3d 89 (Fla. 4th DCA 2015): Affirming a jury verdict for the defendant in a wrongful death case.
Friedrich v. Fetterman & Associates, P.A., 137 So. 3d 362 (Fla. 2013): Resolving an express and direct conflict by clarifying the standard governing motions for directed verdict and reinstating a jury verdict for the plaintiff in a personal injury action.
Lenhart v. Basora, 100 So. 3d 1177 (Fla. 4th DCA 2012): Reversing a final judgment for the defendant in a personal injury action because the trial court erroneously excluded evidence relevant to the parties’ comparative fault.
Aarmada Protection Sys. 2000, Inc. v. Yandell, 73 So. 3d 893 (Fla. 4th DCA 2011): Affirming a jury verdict for plaintiffs in an automobile accident case.
Wransky v. Dalfo, 801 So. 2d 239 (Fla. 4th DCA 2001): Reversing a $7.5 million punitive damages award in an automobile accident case.
Eghnayem v. Boston Scientific Corp., 873 F.3d 1304 (11th Cir. 2017): Affirming a jury award of $6.7 million to a plaintiff in a products liability action involving defective transvaginal mesh devices.
Kia Motors Corp. v. Cintron, 873 So. 2d 336 (Fla. 4th DCA 2004): Affirming an award of $10 million to the plaintiff in a products’ liability action arising from a fatal automobile accident.
E.I. Du Pont de Nemours & Co. v. Aquamar, S.A., 881 So. 2d 1 (Fla. 4th DCA 2004): Reversing a $12 million jury verdict for the plaintiff in a products liability case because the plaintiff’s claim was preempted by federal statute.
E.I. Du Pont de Nemours & Co. v. Desarrollo Industrial Bioacuatico S.A., 857 So. 2d 925 (Fla. 4th DCA 2003): Reversing a final judgment for the plaintiff in a products liability case because the plaintiff failed to plead the cause of action on which it prevailed.
Hooker v. Hooker, 220 So. 3d 397 (Fla. 2017): Resolving an express and direct conflict regarding the standard of review for determining whether spouses made a gift of non-marital property during the marriage.
Austin v. Echemendia, 198 So. 3d 1058 (Fla. 4th DCA 2016): Reversing an order denying a petition for injunction for protection against repeat violence.
Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015): Resolving a certified conflict and certified question of great public importance by holding that the wife, in the prenuptial agreement, waived her right to share in any asset titled in the husband’s name that was acquired or enhanced during the marriage.
Hallac v. Hallac, 88 So. 3d 253 (Fla. 4th DCA 2012): Affirming, in part, an award of reduced attorney’s fees in a divorce case where the wife failed to accept a favorable settlement.
Brown v. Brown, 989 So. 2d 763 (Fla. 4th DCA 2008): Reversing a final judgment of dissolution of marriage because the trial court’s valuation of stock in a marital company was unsupported by the evidence.
Von Baillou v. Von Baillou, 959 So. 2d 821 (Fla. 4th DCA 2007): Reversing an order requiring the former husband to pay all of the former wife’s attorney’s fees, accountant’s fees and litigation costs in a dissolution of marriage case.
Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991): Answering a certified question of great public importance and holding that the value of a professional association’s goodwill that accumulated during the marriage is a marital asset under certain circumstances.
Probate and Trust
Blinn v. Carlman, 159 So. 3d 390 (Fla. 4th DCA 2015): Affirming a final judgment invalidating a will due to undue influence.
Morrison v. West, 30 So. 3d 561 (Fla. 4th DCA 2010): Reversing a fee award to an attorney who was unlicensed in Florida, but had provided legal services in a probate and trust matter.
Harris Trust Co. v. Davis, 668 So. 2d 689 (Fla. 4th DCA 1996): Reversing a final judgment against trustees in a breach of trust claim because the claim was barred by the statute of limitations.
Pawtucket Mut. Ins. Co. v. Manganelli, 3 So. 3d 421 (Fla. 4th DCA 2009): Affirming an award of statutory attorney’s fees to the insured because the insurer forced the insured to engage in unnecessary litigation.
Lenhart v. Fed. Nat’l Ins. Co., 950 So. 2d 454 (Fla. 4th DCA 2007): Reversing a summary judgment in favor of the insurer in an action for automobile insurance coverage and holding the policy provided coverage.
Discover Prop. & Cas. Ins. Co. v. Beach Cars of West Palm, Inc., 929 So. 2d 729 (Fla. 4th DCA 2006): Affirming a judgment in favor of the insured finding coverage for an automobile accident.
ZC Ins. Co. v. Brooks, 847 So. 2d 547 (Fla. 4th DCA 2003): Affirming a judgment in favor of the insured finding there was insurance coverage under a supplemental liability insurance policy.
Humana Health Ins. Co. of Florida, Inc. v. Chipps, 802 So. 2d 492 (Fla. 4th DCA 2001): Reversing an award of $79.5 million in compensatory and punitive damages to the insured because of several errors during the trial.
State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995): Answering a certified question of great public importance and holding that a statutory penalty against insurance companies for bad faith conduct in failing to settle uninsured motorist claims cannot be applied retroactively.
Nikolits v. Haney, 221 So. 3d 725 (Fla. 4th DCA 2017): Reversing a final judgment in a property tax dispute and holding the homeowners had the right to challenge corrected valuations of their property.
Blake v. Ellis, 128 So. 3d 809 (Fla. 4th DCA 2013): Affirming a judgment for the defendant in a claim for breach of oral joint venture agreement arising from a development project.
DND Mail Corp. v. Andgen Props., LLC, 28 So. 3d 111 (Fla. 4th DCA 2010): Granting a petition for writ of certiorari and quashing a circuit court appellate decision in a commercial landlord-tenant dispute.
Local Government Law
City of West Palm Beach v. Palm Beach County, 43 Fla. L. Weekly D1802 (Fla. 4th DCA Aug. 8, 2018): Reversing an administrative order approving a permit for the extension of State Road 7.
Town of Gulf Stream v. Palm Beach County, 206 So. 3d 721 (Fla. 4th DCA 2016): Reversing a final judgment in a dispute on whether sovereign immunity barred the county from charging several municipalities for a county-wide inspector general program.
Florida Bankers Ass’n v. Florida Dev. Fin. Corp., 176 So. 3d 1258 (Fla. 2015): Affirming a final judgment validating bonds to finance improvements under the Property Assessed Clean Energy Act.
Wright v. Frankel, 965 So. 2d 365 (Fla. 4th DCA 2007): Reversing an order quashing an alternative writ of mandamus in an appeal involving proposed ballot initiatives on the relocation of city hall and a library.
Florida Power & Light Co. v. Hicks, 162 So. 3d 1074 (Fla. 4th DCA 2015): Granting a petition for writ of certiorari and holding documents requested in discovery were protected by the attorney-client privilege.
Adelson v. Jacobs, 167 So. 3d 517 (Fla. 3d DCA 2015): Affirming a summary judgment based on the litigation privilege in a wrongful termination suit.
White v. Mederi Caretenders Visiting Servs., 226 So. 3d 774 (Fla. 2017): Resolving a certified conflict between district courts on the interpretation of Florida’s non-compete statute as applied to home health service referral sources.
Olen Props. v. Moss, 981 So. 2d 515 (Fla. 4th DCA 2008): Affirming an order certifying a class action involving leases in an apartment complex.
Arvida/JMB Partners v. Council of Villages, Inc., 733 So. 2d 1026 (Fla. 4th DCA 1998): Modifying the order granting certification of the class to exclude certain defendants in a class action suit involving multiple claims by homeowners and a homeowners association against a private country club.
Wight v. State, 117 So. 3d 827 (Fla. 4th DCA 2013): Reversing the defendant’s conviction for conspiracy to commit unlawful compensation or reward for official behavior.
Brown v. State, 428 So. 2d 250 (Fla. 1983): Answering a certified question of great public importance in a case involving constructive possession of contraband in a jointly occupied premises.
This list includes some of the published decisions in noteworthy cases Kreusler-Walsh Vargas & Serafin, P.A., has handled in the past. This list does not include all of our past cases and is not necessarily representative of the results our firm has obtained in past cases. The facts and circumstances in your case may be different than in these cases. You should not read these past results as providing an example of what will happen in your case.