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verdicts

Case:
Timothy Lillis, as Personal Representative of the Estate of Margaret Solomon, Timothy Lillis, individually and as Next Friend of B.L., a minor v. Alon Blum
Practice Area:
Attorney(s):
Plaintiff Counsel:
Leto Law Firm (Matthew P. Leto)
Result:
Appeal Successful
Summary
Jacksonville Associate Jack Garwood secured an appellate victory after Plaintiff’s counsel filed a Notice of Confession of Error on July 31, 2023. At the trial court level, the court had held that service of process had been properly effectuated under Florida’s substituted service of process statutes. However, it was clear from the record that Plaintiff had not strictly complied with the substituted service statutes as required. The substituted service of process statutes are to be strictly complied with because of due process concerns. After reviewing the cases cited in the initial Appellate Brief, Plaintiff’s counsel stated that he could not say that the statutes had been strictly complied with. Specifically, Plaintiff’s counsel referred to one of the cases in Appellant’s brief—Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002)—as one he could not get past. Plaintiff’s counsel stated that he has never confessed error before, but that due to the cases cited in Appellant’s Brief, he had to in this case.  Read More
Case:
National Retail Chain v. Jane Doe
Practice Area:
Attorney(s):
Plaintiff Counsel:
Firm Name; (Attorney Name)
Result:
Per Curiam Affirmance
Summary:
In the matter of National Retail Chain v. Jane Doe, Senior Appellate Partner Daniel Weinger, Esq., obtained a per curiam affirmance of a final summary judgment in favor of a national retail chain in a lawsuit arising from an alleged slip and fall on a transient foreign substance. In affirming the final summary judgment without written opinion, the appellate court approved the trial court’s holding that because Plaintiff failed to come forward with evidence from which a jury could find that Defendant was on constructive notice, her claims failed as a matter of law.   Read more
Case:
Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Weil, Snyder & Ravindran, P.A. (Marguerite Snyder, Esq.); Nation Law Firm (Mark Nation, Esq.)
Result:
Summary Judgment Upheld
Summary:

In matter styled Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company, after approximately two years of extensive litigation and appeals, Junior Partners Jonah Kaplan, Esq., and Edgardo Ferreyra, Esq., successfully obtained a ruling by the 4th DCA upholding a Broward Court Order granting Centauri’s Motion for Summary Judgment, which capped the Plaintiffs’ damages from a plumbing loss to $10,000 based on Centauri’s Limited Water Damage Coverage endorsement. Accordingly, the 4th DCA upheld the summary judgment that the $10,000 cap includes “tear out” and access costs.

Prior to the lawsuit, Centauri issued payment to the Plaintiffs for the alleged loss in the amount of $10,000. Plaintiffs alleged they were entitled to recover for “tear-out” based on the Policy. The Plaintiffs’ pre-suit demand on May 24, 2019 was $235,000. After Centauri prevailed at Summary Judgment, the Plaintiffs retained additional counsel (Mark Nation) to handle their appeal. Mr. Nation is a well- known hired gun for First Party Plaintiffs’ lawyers.

We note that on February 18, 2022, the 5th DCA in Security First v. Vazquez, ruled specifically that “tear out” was not include in the limited water damage coverage endorsements. Accordingly, homeowners in the 5th DCA can seek recover for “tear-out” costs. Thus, the district courts appear to be split regarding the application of Property insurers’ limited water damage coverage endorsements.

Our litigation and appellate team saved the carrier several hundreds of thousands of dollars on this claim. Furthermore, this is a groundbreaking ruling, which can be utilized by property insurance carriers in the 4th DCA that have similar limited water damage coverage endorsements.

Case:
Citizens v. Casanas Appeal
Practice Area:
Attorney(s):
Result:
Reversal of Several Portions of Fee Judgment
Summary:

Lauren Smith, Esq., obtained reversal of several portions of a $150,000.00 fee judgment entered against Citizens in matter styled Citizens v. Casanas Appeal. This included a multiplier, resulting in a reduction of nearly $100,000.00. Read More.

Case:
All Insurance Restoration a/a/o Cediel v. Citizens
Practice Area:
Attorney(s):
Result:
Final Summary Judgment Affirmed
Summary:

Lauren Smith, Esq., successfully obtained affirmance of a final summary judgment entered in Citizens’ favor on the issue of the $3,000.00 emergency water mitigation cap in matter styled All Insurance Restoration a/a/o Cediel v. Citizens. The Third DCA wrote an in-depth opinion agreeing with Citizens’ arguments, which will help defend against these claims in the future. Read More.

Case:
Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance
Practice Area:
Attorney(s):
Result:
Summary Judgement Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance when the Fourth District Court of Appeal issued a per curiam affirmance of a summary judgment in favor of FedNat. The court found that the Plaintiff roofing company lacked standing to sue because its AOB was rendered invalid for lack of consideration when the insureds sold the property before plaintiff performed any repairs. Read more
Case:
Certified Priority Restoration a/a/o Krempler v. CPIC
Practice Area:
Attorney(s):
Result:
Summary Judgment Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., obtained summary judgment in a matter styled Certified Priority Restoration a/a/o Krempler v. CPIC. In a six-page opinion, the Fourth District Court of Appeal affirmed summary judgment for Citizens on the $3,000 water mitigation cap, finding that the mitigation contractor’s “request” to exceed the cap, which was buried within the AOB contract, was a gotcha tactic that did not warrant payment above $3,000. Read more
Case:
Angels Senior Living at Connerton Court, LLC v. Richard Gundry, as PR of the Estate of Edna E. Gundry, deceased.
Practice Area:
Attorney(s):
Result:
Favorable Appeal
Summary:
Favorable appeal of denial of Motion to Dismiss our request for arbitration pursuant to contract in nursing home/assisted living facility negligence matter. 
Case:
Williams, Janie Lavon v. Defendant Retail Store
Practice Area:
Attorney(s):
Result:
Order of Dismissal
Summary:
In the matter of Janie Williams v. Defendant Retail Store, Plaintiff appealed an Order granting the Defendant’s Motion for Final Summary Judgment in a false arrest matter. The Plaintiff’s counsel subsequently withdrew as appellate counsel and the First DCA dismissed the Appeal with prejudice after giving Plaintiff numerous chances to retain counsel and to file her initial brief. 
Case:
Practice Area:
Attorney(s):
Result:
Prevail in Precedent Setting Decision in the First District Court of Appeal Interpreting the Wrongful Death Act
Summary:

Tallahassee Managing Partner Dale Paleschic, Senior Managing Appellate Partner Daniel Weinger, and Senior Associate Alec Masson recently prevailed in a precedent setting appeal in the First District Court of Appeal in Hamblen v. Pilot Travel Centers, LLC, Case No. 1D19-1613 (Fla. 1st DCA February 26, 2021). The appeal turned on the resolution of an issue of first impression involving an interpretation of section 768.24 of Florida’s Wrongful Death Act. That statute provides that “[a] survivor's death before final judgment shall limit the survivor's recovery to lost support and services to the date of his or her death.”

The underlying wrongful death case was brought by the father as the sole survivor of his deceased daughter, who died in an automobile accident. At trial he sought recovery for pain and suffering but not for lost support and services. The jury returned a net verdict of $1,700,000.00 after assigning the substantial majority of fault on two non-party Fabre Defendants. Thereafter, the trial court entered “Final Judgment”. A timely motion for new trial was filed and ultimately denied by the trial court. Shortly after Defendant’s appeal had commenced, it was discovered that the decedent’s father had passed away while Defendant’s motion for new trial was still pending.

We filed a motion to set aside the final judgment under Florida Rule of Civil Procedure 1.540(b), arguing that although the trial court originally entered a “Final Judgment”, the judgment was not truly “final” until such time as the trial court ruled on the timely filed motion for new trial.  Because the decedent’s father passed away while the motion for new trial was still pending, his death occurred before “final judgment” and, under section 768.24, his recovery was limited to lost support and services to the date of the decedent’s death.  In addition to making statutory interpretation arguments, Defendant argued that its position was consistent with the underlying “philosophy of the [Wrongful Death] Act [which] is to afford recovery [of mental pain and suffering damages to] the living rather than the dead.” Fla. Clarklift, Inc. v. Reutimann, 323 So. 2d 640, 641 (Fla. 2d DCA 1975). The trial court agreed, set aside the final judgment and, because there was no claim for lost support and services, entered a new final judgment in the amount of $0.  Read more

Case:
Practice Area:
Attorney(s):
Result:
Claims Against Nursing Home Defeated
Summary:

Tallahassee Managing Partner, Dale Paleschic, Esq., and Daniel Weinger, Esq., Appellate Partner recently teamed up for the second time in the same case and again defeated a Plaintiff’s claim against an assisted living facility being accused of neglect. Initially, the trial court entered an order dismissing the Plaintiff’s Complaint based on the Plaintiff’s failure to follow the statutorily mandated presuit notice requirements of Section 429.293, Florida Statutes.  This result was per curiam affirmed by the Second District Court of Appeals.  Following the District Court’s opinion, the Plaintiff tried to file an Amended Complaint after curing the alleged defects in their original notice.  Mr. Paleschic and Mr. Weinger formulated an attack on the improper filing by filing a Motion to Dismiss and/or Strike the Amended Complaint.  The Plaintiff then filed a response and Motion for Relief from Judgment Pursuant to Florida Rule of Civil Procedure 1.540(b).  Read more

Case:
Practice Area:
Attorney(s):
Result:
Reversal of a Trial Court’s Order
Summary:

In Katz-Luongo v. Amortegui, 3D19-1852 (Fla. 3d DCA April 8, 2020), Appellate Partner Daniel Weinger successfully obtained a reversal of a trial court’s order denying a motion to quash service of process.  In the written opinion, the appellate court agreed with Mr. Weinger’s argument that the plaintiff failed to meet her burden of establishing substitute service of process through service on the defendants’ roommate at an address the defendant maintained but where, according to the roommate, she was not living at the time of service. Read more

Case:
Roca v. Citizens
Practice Area:
Attorney(s):
Result:
Summary Judgment Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Roca v. Citizens when the Second District Court of Appeal issued a per curiam affirmance of a summary judgment for Citizens based on the policy’s notice and inspection requirements where the insureds failed to report the loss until after important evidence had been removed and discarded by a water mitigation company. Read more
Case:
Practice Area:
Result:
Final Judgment Affirmed
Summary:

Senior Partner Aaron Wong obtained a favorable result for our client, Clarendon National Insurance Co., when the appellate court affirmed the trial court’s Final Judgment in Clarendon’s favor on November 18, 2016, denied Appellant’s Motion for Rehearing on January 9, 2017, and the Third District Court of Appeals ultimately denied Appellant’s Petition for Writ of Certiorari on February 9, 2017 in the auto liability matter styled Mark J. Feldman, P.A., Appellant v. Clarendon Nat’l Ins. Co., Appellee. Read More

Case:
Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee
Practice Area:
Attorney(s):
Result:
Summary Judgment Affirmed
Summary:

Miami Associate Edgardo Ferreyra obtained a favorable result on December 21, 2016 when the Third DCA affirmed summary judgment and denial of plaintiff's request to the Florida Supreme Court in the trip and fall matter styled Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee.  The Appellate court granted our motion for Attorneys' Fees and denied Plaintiff's motion for Fees. Read More

Case:
Lareesa Berman v. Thomas A. Kafka
Practice Area:
Result:
Appellate Affirmed
Summary:
SUMMARY. Read More
Case:
Practice Area:
Result:
Appellate (per curiam) affirmed
Summary:

On December 22, 2015, the Fifth District Court of Appeal Per Curiam Affirmed final summary judgment in a negligent security matter styled James Pantages v. Sub Station I, Michael Hallal, and Deborah Hallal. Tampa Senior Associate Joseph Kopacz handled the appeal to the Fifth District Court of Appeal and the hearing on the Motion for Summary Judgment  before Judge Patricia Thomas (Citrus County) on September 5, 2014. Plaintiff claimed defendants were negligent in allowing a homeless Vietnam Veteran on the premises who eventually stabbed plaintiff after a physical altercation. Read More

Case:
Practice Area:
Result:
Final Judgment Affirmed 
Summary:

Fort Lauderdale Junior Partner Doreen Lasch prevailed on appeal in matter styled Ruimy v. Beal. Plaintiff appealed a directed verdict entered in favor of owner of vehicle on plaintiff’s direct negligence claim and a defense jury verdict on plaintiff’s claim of vicarious liability against owner under the dangerous instrumentality doctrine. Read More

Case:
Practice Area:
Result:
Affirmed Dismissal of ADA Putative Class Action
Summary:

Doreen Lasch prevailed on Appeal in an ADA putative class action styled Gomez v. Dade County Federal Credit Union at the United States Court of Appeals for the Eleventh Circuit on May 6, 2015. Gomez was represented by counsel and brought the suit on behalf of himself and a class of visually impaired individuals.  Read More

Case:
Practice Area:
Result:
Affirmed Summary Judgment Trip and Fall
Summary:

Doreen Lasch prevailed on Appeal in a trip and fall action styled Romeo v. Sebastian Lakes Master Association  at the Fourth District Court of Appeal on April 30, 2015.  The Fourth District Court issued its Opinion which affirmed a summary judgment in favor of our client rendered by the trial court in a trip and fall case which occurred in Indian River County. Read More

Case:
Practice Area:
Result:
Upheld Partial Summary Judgment
Summary:

Doreen Lasch prevailed on Appeal in PIP action styled Neurology Mobile System Associates, Inc. v. Praetorian Insurance Company  at the Miami-Dade County Circuit Court on April 20, 2015.  The Appellate Division Opinion issued upheld a partial summary judgment entered in favor of our client Praetorian Ins. Co. and also upheld the dismissal of the remainder of Plaintiff’s case based on doctrine of de minimis non curat lex in a lawsuit by a provider in a PIP case. Read More

Case:
Practice Area:
Result:
Upheld Jury’s Defense Verdict
Summary:

Doreen Lasch prevailed on Appeal in a slip and fall action styled Tomlinson v. Glendale Properties & Investments, Inc. at the Fourth District Court of Appeal on April 2, 2015.  The Fourth District Court issued its Opinion which upheld the jury’s defense verdict for our client in a premises liability case arising from a slip and fall in Broward County. Read More

Case:
Practice Area:
Result:
Appellate - Judgment Affirmed
Summary:

On November 26, 2014, the Fourth District Court affirmed the judgment in condominium association’s favor in the case styled Brown v. Pipers Cay Condominium Association, Inc.   Appellate Junior Partner Doreen Lasch handled the appeal and Dan Santaniello and Marc Greenberg represented the defendant in the trial court proceedings.  Minor plaintiff and his mother were tenants residing in a condominium development. They sued the condominium association as a result of the child having been attacked and bitten by a pit pull belonging to another tenant living in one of the units in the development. Read More

Case:
Practice Area:
Result:
Appellate Court Affirmed
Summary:

James Waczewski, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a favorable decision on appeal on March 30, 2012 in a case styled Engeda Tadesse f/k/a Engedwork Woldemariam, Appellant v. Gulf Coast Transportation, Inc., d/b/a United Cab and Mohamed Moumen, Appellees.  Luks, Santaniello handled the appeal only. The Appellate Court affirmed the Trial Court's ruling that the general set off statute applied to set off PIP benefits under the circumstances.  Read More

Case:
Practice Area:
Result:
Final Judgment
Summary:

Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Final Judgment on March 27, 2012 in favor of Defendant in a bad faith claim styled Nereida Herrera, individually and as assignee of Osvaldo Sanchez v. United Automobile Insurance Company. Plaintiff alleged that United Auto breached its duty of good faith to its insured in its handling of both plaintiff's bodily injury and property damage claims resulting from a motor vehicle accident in which United Auto's insured, Sanchez while under the influence, struck plaintiff's vehicle. Read More

Case:
Practice Area:
Result:
Defense Verdict
Summary:
Paul Jones, Partner and Sam Maroon, Junior Partner of the Jacksonville office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a Bodily Injury matter, Federal Court case styled Audrey Snover v. City of Starke, FL on 1/11/2012.  Plaintiff was given a citation for speeding by Defendant, a City of Starke police officer.  Plaintiff initially refused to sign the citation, but after Defendant explained to her that if she did not sign she would be arrested, Plaintiff claimed that as she reached with her right hand to sign the citation, Defendant briefly drew his weapon before slapping his hand cuffs on Plaintiff’s right wrist and pulled her from the vehicle using the handcuffs.  Plaintiff filed a law suit alleging a violation of her civil rights pursuant to §1983. As part of the pretrial stipulation, Plaintiff claimed to have suffered past and future medical expenses, past and future wage losses, and pain and suffering damages totaling $5.5 million.  Read More
Case:
Practice Area:
Result:
Dismissal With Prejudice
Summary:

Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Dismissal with Prejudice in the case styled Keith Lampkin (Appellant) v. Terron Edwards (Appellee).  The Fourth District Court of Appeal upheld the dismissal with prejudice of a lawsuit against our client who was operating a truck in which plaintiff was a passenger and who was also a co-employee of the plaintiff. Plaintiff was severely injured when the truck proceeded from a driveway onto a highway into the path of another truck which struck the truck in which plaintiff was riding. Read More

Case:
Practice Area:
Result:
Affirmed Trial Court's Judgment
Summary:

Crystal Nevcherlian (Appellant) v. Mercury Insurance Group (Appellee), Motor Vehicle Accident Claim for UM Benefits, Florida Fifth District Court of Appeal, Volusia County, James P. Waczewski, Junior Partner. The Appellate Court affirmed the trial court’s judgment in favor of our client, the UM insurer, on the merits and our motion for appellate attorneys’ fees, September 27, 2011. Read More

Case:
Practice Area:
Attorney(s):
Result:
Appellate Court reversed a $1.4 million jury verdict against the FDOT
Summary:

Wrongful death action arising from allegedly negligent design and construction of roadway, District Court of Appeal, Fourth District, Doreen E. Lasch and Daniel J. Santaniello. The Appellate Court reversed a $1.4 million jury verdict against the FDOT, August 10, 2011.  Read More

Case:
Practice Area:
Result:
Motion to Compel Arbitration
Summary:

The Court granted our motion to compel arbitration in Boston, Massachusetts, as provided by the warranty at issue, and agreed with us that the  Federal Arbitration Act preempts Section 47.025, Florida Statutes, a Florida statute that invalidates provisions in contracts regarding to construction that require out-of-state litigation or arbitration, June 30, 2011 (Circuit Court, Fourteenth Judicial Circuit, Bay County, James P. Waczewski, Tallahassee Managing Attorney).  Read More

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

Bus Doors Shut on Plaintiff (Miami-Dade County, Defense Verdict, June 17, 2011). Read More

Case:
St. Johns Town Center, LLC and Shops at St. Johns, LLC v. Sushi House Jacksonville Inc.
Practice Area:
Result:
Judgment Affirmed
Summary:

The Appellate Court affirmed a judgment in favor of our client and also awarded our client Appellate Attorney's Fees, April 15, 2011. Commercial Eviction, District Court of Appeal, First District, James P. Waczewski, Tallahassee Managing Attorney. Read More

Case:
Sherif Kodsy (Plaintiff/Appellee) v. Christian and Patricia Berian (Defendants/Appellants)
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Dismissal of Third Amended Complaint with prejudice
Summary:
Dismissal of Third Amended Complaint with prejudice for failure to state a cause of action, April 6, 2011. Lemon Law, Fourth District Court of Appeal, 17th Judicial Circuit, Broward County, Jack Luks and Alison Marshall. Read More
Case:
Chase Peysen v. Alliance and Lighting Electric
Practice Area:
Result:
Dismissed
Summary:

Swimming Pool Accident (Paralysis), Orange County, Joseph Scarpa, Junior Partner and Paul Jones, Orlando Partner, Dismissed, April, 2011. Read More

Case:
Practice Area:
Result:
Motion for Summary Judgment
Summary:

Pedestrian Hit, United States District Court, Southern District of Florida, Douglas De Almeida, Motion for Summary Judgment, 11/13/2010. Read More

Case:
Practice Area:
PRACTICE AREA
Attorney(s):
Result:
Defense Verdict
Summary:
Malicious Prosecution, Okeechobee County, Daniel Santaniello and Anthony Merendino, Defense Verdict, 10/5/2010. Read More
Case:
Fair Housing Center (Plaintiff/Appellant) v. The Shutters Condominium Association, Carol Ravantii Lalla, and Mildred Miner (Defendants/Appellees)
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

In the case styled Fair Housing Center v. The Shutters Condominium Association; Carol Ravantti-Lalla; and Mildred Miner, Plaintiff alleged that Defendants violated the Fair Housing Act-familial status (42 U.S.C. § 3604 (a), (b), and (c) and 42 U.S.C. § 3617) by maintaining and publishing condominium declarations and by-laws that unlawfully restrict occupancy to adult residents only.  Plaintiff demanded $120,000.00 and also sought punitive damages, attorney's fees, and Court-ordered fair housing training monitored by Plaintiff and funded by Defendants at $ 5,000 per year for three years. Read More

Case:
Practice Area:
Attorney(s):
Result:
Favorable Verdict
Summary:
SUMMARY. Read More