News about our practice......
Below are some of our most recent appellate decisions. While the majority of our practice is trial court litigation, the list below will hopefully give you an idea of the scope and depth of our practice. The appellate courts interpret the law and constitution, so these decisions affect cases that follow.
In keeping with our office's belief in realistic legal advice, please note that the successes in these appeals does not translate to every case. Each case is unique.
L.V. v. Wells Fargo Bank, 178 So.3d 517 (Fla. 4th DCA 2015)—obtained reversal of summary judgment in favor of bank where homeowner, our client, had asserted an affirmative defense exempting forced sale of homestead property where she had not signed the home equity line of credit.
S.A. v. Aurora Loan Services, LLC, 171 So.3d 226 (Fla. 4th DCA 2015)—successfully obtained a reversal of a final judgment of foreclosure from a bench trial. Fourth District reversed where we established that plaintiff failed to prove that it had standing to sue. Case remanded for entry of an involuntary dismissal.
R.B. v. Estate of Brown, 169 So.3d 286 (Fla. (Fla. 4th DCA 2015)—obtained reversal of order dividing up Georgia real estate on grounds that Florida trial court lacked jurisdiction.
J.K. v. C.K., 140 So.3d 1051 (Fla. 4th DCA 2014)----obtained reversal of temporary injunction enjoining over $3 million as a result of due process violation where the trial court cut short the hearing before hearing all of the testimony.
A.N. v. K.N., 112 So.3d 696 (Fla. 4th DCA 2013)—successfully defended contempt order against out-of-state mother who refused timesharing. Mother failed to appear at hearing but claimed lack of notice. Established that mother failed to preserve the issue for appeal.
State of Florida v. B.R., 67 So.3d 1179 (Fla. 4th DCA 2011)----defended appeal by the state alleging that defendant’s sentence after violation of probation was illegal. Fourth District agreed that state had no authority to appeal because lower court had modified probation in lieu of revoking probation.
E.W. v. A.W., 42 So.3d 961 (Fla. 4th DCA 2010)—successfully reversed a temporary alimony award as excessive.
J.B. v. L.N., 994 So.2d 1239 (Fla. 4th DCA 2008)—successfully appealed a judgment for attorney’s fees and costs under the offer of judgment statute where the plaintiff failed to apportion responsibility for payment among multiple defendants.
K.T. v. K.C., 983 So.2d 742 (Fla. 4th DCA 2008)—Parents had marriage dissolved in Florida. Both later moved to South Carolina. Father removed child to Florida. In jurisdictional battle, the trial court determined it no longer had jurisdiction and deferred to South Carolina because both parents no longer had a significant connection to Florida. On appeal, we successfully defended the mother against appeal by father.
E.C. v. R.K., 961 So.2d 1010 (Fla. 4th DCA 2007)—in a divorce proceeding trial judge ordered husband to receive a special equity for a down payment on the home and 100% credits for taxes, insurance premiums, and home improvement. We represented wife and successfully obtained reversal on these issues and for failure to value assets and liabilities.
M.J. v. O.J., 915 So.2d 1248 (Fla. 4th DCA 2005)—represented husband in a divorce proceeding. Wife claimed that the parties last lived as husband and wife in another state. In the trial court, established that parties still intended to live in their home in Palm Beach County. Subpoenaed voting record of wife which established she was still voting in Florida. Wife appealed denial of her motion to dismiss. We successfully defended and the lower court was affirmed.
Z.D. v. State of Florida, 816 So.2d 172 (Fla. 4th DCA 2002)—Client had been convicted of first degree murder with a firearm and carjacking. On appeal, successfully argued that defendant had not waived his Miranda rights and that trial court erred in admitting defendant’s statement to detective. Murder conviction reversed for new trial.
J.L. v. State of Florida, 774 So.2d 899 (Fla. 4th DCA 2001)—obtained reversal and remand for re-sentencing to determine whether drug farm sentence in addition to county jail time exceeded statutory maximum for imprisonment in county jail.
C.W. v. D.W., 736 So.2d 732 (Fla. 4th DCA 1999)—obtained reversal of divorce judgment for failure of trial judge to value marital assets. In addition, trial judge had found client in contempt for nonpayment of debts he was ordered to pay. Successfully argued contempt order should be reversed because it violated Florida Constitution provision prohibiting imprisonment for debt.
R.B. v. State of Florida, 736 So.2d 35 (Fla. 4th DCA 1999)—conviction for possession of firearm by convicted felon after non-jury trial reversed for lack of a valid waiver of right to jury trial.
E.B. v. State of Florida, 701 So.2d 899 (Fla. 4th DCA 1997)—inmate convicted of robbery with a weapon filed a motion for postconviction relief which the trial judge denied without hearing. On appeal, we successfully argued that inmate had timely filed his motion and was entitled to an evidentiary hearing.
D.C. v. State of Florida, 660 So.2d 1134 (Fla. 4th DCA 1995)—criminal Defendant was sentenced for allegedly violating community control. Successfully had community control revocation reversed because condition allegedly violated was illegally imposed and violated double jeopardy. In addition, second violation of failure to pay restitution reversed. Defendant ordered “released from custody forthwith.”
S.P. v. State, 587 So.2d 638 (Fla. 4th DCA 1991)—Filed petition for writ of habeas corpus where trial court had placed Defendant on probation for one year on a second-degree misdemeanor. Fourth District of Appeal agreed that trial court lacked jurisdiction to proceed with probation violation where the affidavit of violation was filed more than six months after commencement of probation.
J.M. v. State of Florida, 569 So.2d 890 (Fla. 4th DCA 1990)—Sentence that departed from sentencing guidelines reversed for failure to make written findings.
R.M. v. State of Florida, 567 So.2d 1037 (Fla. 4th DCA 1990)—Successfully argued that man convicted of sexual battery was denied effective assistance of counsel on appeal. Remanded for new trial.
C.C. v. State of Florida, 550 So.2d 1169 (Fla. 4th DCA 1989)—criminal defendant’s sentenced reversed as illegal triple-split sentence. Argued that it was illegal for Defendant to be sentenced to jail, followed by house arrest, followed by probation. Reversed for resentencing.
V.A. v. State of Florida, 545 So.2d 1352 (Fla. 1989)---- represented Defendant sentenced to two death sentences before Florida Supreme Court. Reversed in unamamous 7-0 opinion for new trial.
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