Verdicts by Practice Area: Appeals | Litigation Support
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.
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.
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Bus Doors Shut on Plaintiff (Miami-Dade County, Defense Verdict, June 17, 2011). Read More
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
Swimming Pool Accident (Paralysis), Orange County, Joseph Scarpa, Junior Partner and Paul Jones, Orlando Partner, Dismissed, April, 2011. Read More
Pedestrian Hit, United States District Court, Southern District of Florida, Douglas De Almeida, Motion for Summary Judgment, 11/13/2010. Read More
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