Consumer Finance / Commercial Finance:
- S. Bank Nat'l Ass'n v. Wells Fargo Bank, N.A., 2D17-917, 2018 WL 2223834 (Fla. 2d DCA May 16, 2018). Secured affirmance of summary judgment precluding the use of equitable subrogation in lien priority dispute.
- Wells Fargo Bank, N.A. v. Rendon, 43 Fla. L. Weekly D834 (Fla. 3d DCA Apr. 18, 2018). Reversal of order dismissing foreclosure action based on statute of limitations defense.
- US Bank Nat'l Ass'n, etc. v. Tranumn, 43 Fla. L. Weekly D94 (Fla. 1st DCA Jan. 2, 2018) and 234 So. 3d 871, 872 (Fla. 1st DCA 2018). Obtained reversal of adverse judgment and corresponding award of attorney’s fees based on improper severance of claims.
- Wells Fargo Bank, N.A. v. Eisenberg, 220 So. 3d 517 (Fla. 4th DCA 2017). Reversal of order dismissing foreclosure action based on erroneous ruling as to proof of amounts due and owing.
- S. Bank, N.A., etc. v. Adams, 219 So. 3d 211 (Fla. 2d DCA 2017), and Wells Fargo Bank, N.A. v. Guess, 213 So. 3d 1014(Fla. 2d DCA 2017). Obtained reversal of orders dismissing foreclosure actions based on improper application of statutory condition precedent.
- Wells Fargo Bank, N.A. v. Ayers, 219 So. 3d 89 (Fla. 4th DCA 2017). Reversal of order dismissing foreclosure action based on erroneous ruling as to evidentiary support for lost promissory note.
- De La Osa v. Wells Fargo Bank, N.A., 208 So. 3d 259 (Fla. 3d DCA 2016). Persuaded en banc court to affirm trial court order setting aside void final order based on application of rule permitting relief from void judgments.
- Citibank, N.A. v. Olsak, 208 So. 3d 227 (Fla. 3d DCA 2016). Reversal of adverse judgment based on trial court’s reliance on improper expert testimony.
- Wells Fargo Bank, N.A. v. Bilecki, 192 So. 3d 559 (Fla. 4th DCA 2016). Reversal of adverse summary judgment based on improper application of burden of proof.
- Wells Fargo Bank, N.A. v. Gonzalez, 41 Fla. L. Weekly D538 (Fla. 4th DCA Mar. 2, 2016). Obtained reversal of order dismissing case where defendants failed to plead a release defense based on settlement agreement in earlier unrelated litigation.
- Phan v. Deutsche Bank Nat. Trust Co., 41 Fla. L. Weekly D516 (Fla. 2d DCA Feb. 26, 2016). Affirming judgment in Florida’s first appellate decision applying the principle of constructive possession to establish standing in the context of a residential mortgage foreclosure case.
- Milce v. Wells Fargo Bank, N.A., 183 So. 3d 1256, 1257 (Fla. 4th DCA 2016). Affirming order refusing to stay action based on entitlement to costs in prior dismissed action where no costs judgment had been obtained.
- Mauro v. Wells Fargo Bank, N.A., 180 So. 3d 1083, 1085 (Fla. 4th DCA 2015). Affirming order denying motion to quash service of process where return was valid on its face and statutory notice requirements were satisfied.
- Market Tampa Investments. LLC, v. Stobaugh, 177 So. 3d 31 (Fla. 2d DCA 2015). Affirming lower court ruling that investor who purchased property after recording of lis pendens did not have the right to intervene in subsequent foreclosure case.
- Vasilevskiy v. Wachovia Bank, N.A., 171 So. 3d 192 (Fla. 5th DCA 2015). Affirming judgment for lender. Holding that notice of intent to accelerate required by mortgage was sufficient even though it provided only 28 days to cure where claimed error was not a material breach of the mortgage.
- Wachovia Mortgage Corp. v. Posti, 166 So. 3d 944 (Fla. 4th DCA 2015). Reversing judgment for borrower entered after trial. Holding that trial court lacked jurisdiction to order lender/servicer to enter into a loan modification with the borrower.
- Wells Fargo Bank, N.A. v. Michaels, 166 So. 3d 266 (Fla. 5th DCA 2015). Reversing order dismissing foreclosure action where trial court failed to provide proper notice of trial. Holding order entered without notice is void.
- Bank of America v. Asbury, 165 So. 3d 808 (Fla. 2d DCA 2015). Reversing entry of summary judgment in favor of borrower where borrower failed to plead ground argued as basis for entry of summary judgment.
- Roman v. Wells Fargo Bank, N.A., 143 So. 3d 489 (Fla. 5th DCA 2014). Holding that notice of default was effective when mailed and there was nothing in the mortgage requiring a lender/servicer to prove receipt.
- Bloch v. Wells Fargo Home Mortgage, 755 F.3d 886 (11th Cir. 2014). In an appeal with multiple issues of importance to the lending/servicing industry, obtained affirmance of decision addressing the effect of a “trial” modification, application of the Florida Bank Statute of Frauds, and the proof needed to maintain promissory estoppel and negligence claims.
- Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320 (Fla. 5th DCA 2013). Reversal of order dismissing foreclosure action based on improper standard for a lender’s standing to enforce a mortgage through a foreclosure action.
- KCF Site Dev., LLC v. PNC Bank, Nat. Ass’n, 122 So. 3d 499 (Fla. 5th DCA 2013). Obtained affirmance of summary judgment on claims of unjust enrichment, seeking an equitable lien on undisbursed construction loan proceeds, and statutory damages based on decision to cease funding the loan at issue.
- Corning v. Wells Fargo Bank, N.A., 120 So. 3d 1278 (Fla. 1st DCA 2013). Affirmance of denial of challenge to duly noticed foreclosure sale.
- Wells Fargo Bank, N.A. v. Stahler, 115 So. 3d 1105, 1106 (Fla. 5th DCA 2013). Reversal of order dismissing case based on trial court’s failure to consider relevant factors for dismissal as a sanction.
- Deutsche Bank Nat. Trust Co. v. Sela, 110 So. 3d 537 (Fla. 4th DCA 2013). Reversal of trial court order striking pleadings and dismissing case as a sanction for discovery violations.
- Wells Fargo Bank, NA v. Unknown Heirs of Chipner, 100 So. 3d 252 (Fla. 4th DCA 2012). Reversal of order dismissing action based on unpled affirmative defense.
- Figueroa v. MERSCORP, Inc., 477 Fed. Appx. 558 (11th Cir. 2012). Affirmance of dismissal of RICO claims based on Rooker-Feldman doctrine.
- Brigliadora v. Wells Fargo Bank, N.A., 447 Fed. Appx. 941 (11th Cir. 2011). Affirmance of dismissal of complaint asserting TILA and breach of contract claims.
- U.S. Bank Nat. Ass’n v. Paiz, 68 So. 3d 940 (Fla. 3d DCA 2011). Obtained reversal of order staying writ of possession and permitting discovery on motion to vacate final judgment.
- Korte v. U.S. Bank Nat. Ass’n, 64 So. 3d 134 (Fla. 4th DCA 2011). Affirmance of order imposing sanctions against defense counsel in a mortgage foreclosure action.
- PNCEF, LLC v. S. Aviation, Inc., 60 So. 3d 1120 (Fla. 4th DCA 2011). Obtained reversal of order denying prejudgment writ of replevin.
- Copperhead, LLC v. Seacoast Nat. Bank, 72 So. 3d 766 (Fla. 4th DCA 2011). Affirmance of $20+ million judgment against borrower and guarantors on promissory notes.
- MacMillan Oil Co. of Florida, Inc. v. Wells Fargo Bank, N.A, 48 So. 3d 854 (Fla. 4th DCA 2010). Affirmance of order recognizing priority of lender’s claim against judgment debtor.
- Bluefield Ranch Mitigation Bank Trust v. S. Fla. Water Mgmt. District, No. 4D16-3023 (Fla. 4th DCA July 11, 2018). Obtained reversal of order dismissing petition for administrative hearing for lack of standing. Opinion holds that mitigation bank has standing to challenge SFWMD’s compliance with statutes governing mitigation credits.
- Waterview Towers Condo. Ass'n, Inc. v. Leisure Resorts, LLC, 4D17-3613, 2018 WL 3084514 (Fla. 4th DCA June 21, 2018). Affirmance of temporary injunction preventing implementation of condominium association rules pending final conclusion of litigation.
- Futernick v. Trushina, 207 So. 3d 329 (Fla. 3d DCA 2016). Affirmance of judgment for delay of performance damages and post-judgment interest.
- Waterways Plaza, LLC v. Groupe Pac. Mgmt., Inc., 179 So. 3d 334 (Fla. 3d DCA 2015). Affirming judgment permitting removal of signage easement based on failure to maintain.
- Futernick v. Trushina, 146 So.3d 63 (Fla. 3d DCA 2014). Obtained affirmance of an order requiring specific performance of a real estate contract that exceeded $2.3 million.
- Winn-Dixie Stores, Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014). Obtained reversal of order refusing to grant full injunctive relief for violations of real property covenants running with the land.
- Jordan v. St. Johns County, 63 So. 3d 835 (Fla. 5th DCA 2011). Obtained reversal of adverse judgment and argued that the county has a duty to repair and maintain its public roads, and that inverse condemnation proceedings are available where the failure to discharge that duty results in diminished access.
- Briarwood Shopping Ctr., LLC v. Lowe’s Home Ctr., Inc., 18 So. 3d 1044 (Fla. 2d DCA 2009). Obtained affirmance of judgment requiring the repurchase of a $13,500,000 piece of commercial real estate.
- Oak Square Joint Venture v Brand Properties IV, LLC, 9 So. 3d 620 (Fla. 1st DCA 2009). Secured decision upholding judgment refusing to enjoin redevelopment of property into a commercial retail shopping center based on alleged violation of a joint cross-access agreement.
- Dolgencorp, Inc. v. Winn-Dixie Stores, Inc., 988 So. 2d 1287 (Fla. 5th DCA 2008). Affirmance of trial court’s decision determining the enforceability of a grocery exclusive as a real property covenant running with the land.
- Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). Secured reversal of order refusing to recognize shopping center grocery exclusive as a real property covenant running with the land, enforceable against subsequent tenants.
- State, Dep't of Health v. Bayfront HMA Med. Ctr., LLC, 236 So. 3d 466 (Fla. 1st DCA 2018). Co-counsel in successful appeal reversing order enjoining hospital from operating a provisional trauma center.
- Desai v. Lawnwood Med. Ctr., Inc., 219 So. 3d 869 (Fla. 4th DCA 2017), and Keller v. Lawnwood Med. Ctr., Inc., 219 So. 3d 879 (Fla. 4th DCA 2017). Affirmed dismissal of suits by doctors challenging credentialing decisions based on failure to exhaust administrative remedies. Currently on review at the Florida Supreme Court.
- HCA Health Services of Florida, Inc. v. CyberKnife Ctr. of Treasure Coast, LLC, 204 So. 3d 469 (Fla. 4th DCA 2016). Obtained reversal of $1.8 million judgment based on failure of proof regarding correct measure of damages.
- Pollitz v. Halifax Staffing, Inc., CASE NO.5D15-2670, 2016 WL 1260854 (Fla. 5th DCA Mar. 29, 2016). Summary affirmance of order refusing to permit amendment of complaint to add First Amendment claims.
- Estate of McCall v. United States, 39 Fla. L. Weekly S104 (Fla. 2014). Prepared amicus curiae brief in appeal addressing Florida’s statutory cap on wrongful death noneconomic damages recoverable in a medical malpractice action.
- Sitarik v. JFK Med. Ctr. Ltd. Partnerships, 127 So. 3d 521 (Fla. 4th DCA 2013). Obtained affirmance of order dismissing claims for tortious interference with a business relationship, conspiracy to tortiously interfere, and violations of the Florida Whistle Blower Act.
- Ioannou v. Lawnwood Med. Ctr., Inc., 126 So. 3d 1067 (Fla. 4th DCA 2013). Obtained affirmance of final summary judgment in case where the doctor alleged that the hospital wrongfully denied his application for re-appointment to the medical staff. The affirmance confirmed the hospital’s statutory immunity from suit resulting from the doctor’s failure to plead extrinsic evidence of intentional fraud in the re-credentialing process.
- Zakharia v. Cedars Healthcare Group, Ltd., 103 So. 3d 169 (Fla. 3d DCA 2012). Affirmed dismissal of claims that hospital improperly suspended and revoked the doctor’s clinical privileges, where release language in the medical staff bylaws barred those claims.
- HCA Health Services of Florida, Inc. v. Cyberknife Ctr. of Treasure Coast, LLC, 63 So. 3d 935 (Fla. 4th DCA 2011). Obtained writ of certiorari to quash order permitting financial discovery where contract at issue barred punitive damages.
- Lawnwood Med. Ctr., Inc. v. Desai, 54 So. 3d 1027 (Fla. 4th DCA 2011). Affirming order dismissing action based on statutory immunity from suit from claims arising out of appointment or reappointment process.
- Rich v. Kaiser Gypsum Co., Inc., 103 So. 3d 903 (Fla. 4th DCA 2012). Affirmed defense verdict and challenge to introduction of deposition testimony under former testimony hearsay exception.
- Schmidt v. Schmidt, 120 So. 3d 31 (Fla. 4th DCA 2013). Obtained reversal of equitable distribution award based on improper valuation of an existing business, and reversal of alimony award for failure to consider imputation of income from investment properties.
- Am. Bus. USA Corp. v. Dep't of Revenue, 151 So. 3d 67 (Fla. 4th DCA 2014). Obtained ruling that assessment of sales taxes on sale of flowers for out-of-state delivery violated the Commerce Clause. Currently on review in Florida Supreme Court.
Representative Litigation Matters
- Represented hospitals in challenges to credentialing and re-credentialing decisions and challenges to statutory damages caps.
Real Property Litigation
- Represented major national retailer in enforcement of real property restrictive covenant (shopping center exclusive).
Class Action Litigation
- Defended several class actions, including during class certification proceedings and initiating and defending interlocutory appeals of class certification decisions.
- Contributor to the firm’s Class Action Blog, posting entries for all significant class actions decisions issued out of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Southern District of Florida.
- Litigated numerous federal lawsuits on behalf of major wireless telecommunications providers aimed at curbing the illicit bulk resale of wireless phones.
- Participated in litigation over the enforcement of a shareholders’ agreement, corporate recognition of shareholder status, and shareholder distributions.