Dean A. Morande

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. Bluefield Ranch Mitigation Bank Trust v. South Florida Water Management District, 263 So. 3d 125 (Fla. 4th DCA 2018).

Affirmance of temporary injunction preventing implementation of condominium association rules pending final conclusion of litigation. Waterview Towers Condominium Ass'n v. Leisure Resorts, LLC, 246 So. 3d 362 (Fla. 4th DCA 2018).

Affirmance of judgment for delay of performance damages and post-judgment interest. Futernick v. Trushina, 207 So. 3d 329 (Fla. 3d DCA 2016).

Obtained affirmance of judgment permitting removal of signage easement based on failure to maintain. Waterways Plaza, LLC v. Groupe Pacific Management, Inc., 179 So. 3d 334 (Fla. 3d DCA 2015).

Obtained affirmance of an order requiring specific performance of a real estate contract that exceeded $2.3 million. Futernick v. Trushina, 146 So. 3d 63 (Fla. 3d DCA 2014).

Obtained reversal of order refusing to grant full injunctive relief for violations of real property covenants running with the land. Winn-Dixie Stores, Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014).

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 when the failure to discharge that duty results in diminished access. Jordan v. St. Johns County, 63 So. 3d 835 (Fla. 5th DCA 2011).

Obtained affirmance of judgment requiring the repurchase of a $13.5 million piece of commercial real estate. Briarwood Shopping Center, LLC v. Lowe's Home Center, Inc., 18 So. 3d 1044 (Fla. 2d 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. Oak Square Joint Venture v. Brand Properties IV, LLC, 9 So. 3d 620 (Fla. 1st DCA 2009).

Affirmance of trial court's decision determining the enforceability of a grocery exclusive as a real property covenant running with the land. Dolgencorp, Inc. v. Winn-Dixie Stores, Inc., 988 So. 2d 1287 (Fla. 5th DCA 2008).

Secured reversal of order refusing to recognize shopping center grocery exclusive as a real property covenant running with the land, enforceable against subsequent tenants. Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).

Health Care

Co-counsel in successful appeal reversing order enjoining hospital from operating a provisional trauma center. State, Department of Health v. Bayfront HMA Medical Center, LLC, 236 So. 3d 466 (Fla. 1st DCA 2018).

Affirmed dismissal of suits by doctors challenging credentialing decisions based on failure to exhaust administrative remedies. After full briefing and oral argument, the Florida Supreme Court dismissed the appeal, leaving the highly favorable Fourth District decision in place. Desai v. Lawnwood Medical Center, Inc., 260 So. 3d 218 (Fla. 2018). Desai v. Lawnwood Medical Center, Inc., 219 So. 3d 869 (Fla. 4th DCA 2017), and Keller v. Lawnwood Medical Center, Inc., 219 So. 3d 879 (Fla. 4th DCA 2017).

Obtained reversal of $1.8 million judgment based on failure of proof regarding correct measure of damages. HCA Health Services of Florida, Inc. v. CyberKnife Center of Treasure Coast, LLC, 204 So. 3d 469 (Fla. 4th DCA 2016).

Summary affirmance of order refusing to permit amendment of complaint to add First Amendment claims. Pollitz v. Halifax Staffing, Inc., 187 So. 3d 957 (Fla. 5th DCA 2016).

Prepared amicus curiae brief in appeal addressing Florida's statutory cap on wrongful death noneconomic damages recoverable in a medical malpractice action. Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014).

Obtained affirmance of order dismissing claims for tortious interference with a business relationship, conspiracy to tortiously interfere, and violations of Florida's whistleblower's statute. Sitarik v. JFK Medical Center Ltd. Partnership, 127 So. 3d 521 (Fla. 4th DCA 2013).

Obtained affirmance of final summary judgment in case in which the doctor alleged that the hospital wrongfully denied his application for reappointment 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 recredentialing process. Ioannou v. Lawnwood Medical Center, Inc., 126 So. 3d 1067 (Fla. 4th DCA 2013).

Affirmed dismissal of claims that hospital improperly suspended and revoked the doctor's clinical privileges when release language in the medical staff bylaws barred those claims. Zakharia v. Cedars Healthcare Group, Ltd., 103 So. 3d 169 (Fla. 3d DCA 2012).

Obtained writ of certiorari to quash order permitting financial discovery when contract at issue barred punitive damages. HCA Health Services of Florida, Inc. v. CyberKnife Center of Treasure Coast, LLC, 63 So. 3d 935 (Fla. 4th DCA 2011).

Obtained affirmance of order dismissing action based on statutory immunity from suit from claims arising out of appointment or reappointment process. Lawnwood Medical Center, Inc. v. Desai, 54 So. 3d 1027 (Fla. 4th DCA 2011).

Consumer and Commercial Finance

Successfully reversed adverse foreclosure judgment based on improper documentary stamp tax finding. Wells Fargo Bank, N.A. v. Ordonez, 272 So. 3d 859 (Fla. 2d DCA 2019).

Obtained reversal of six-figure attorneys' fees judgment based on jurisdictional argument presented for the first time on appeal. Wells Fargo Bank, N.A. v. Smith, 263 So. 3d 134 (Fla. 1st DCA 2018).

Secured affirmance of summary judgment precluding the use of equitable subrogation in lien priority dispute. U.S. Bank, N.A. v. Wells Fargo Bank, N.A., 245 So. 3d 679 (Fla. 2d DCA 2018).

Reversal of order dismissing foreclosure action based on statute of limitations defense. Wells Fargo Bank, N.A. v. Rendon, 245 So. 3d 917 (Fla. 3d DCA 2018).

Obtained reversal of adverse judgment and corresponding award of attorneys' fees based on improper severance of claims. U.S. Bank, N.A. v. Tranumn, 247 So. 3d 567 (Fla. 1st DCA 2018), and 234 So. 3d 871 (Fla. 1st DCA 2018).

Reversal of order dismissing foreclosure action based on erroneous ruling as to proof of amounts due and owing. Wells Fargo Bank, N.A. v. Eisenberg, 220 So. 3d 517 (Fla. 4th DCA 2017).

Obtained reversal of orders dismissing foreclosure actions based on improper application of statutory condition precedent. U.S. Bank, N.A. 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).

Reversal of order dismissing foreclosure action based on erroneous ruling as to evidentiary support for lost promissory note. Wells Fargo Bank, N.A. v. Ayers, 219 So. 3d 89 (Fla. 4th DCA 2017).

Persuaded en banc court to affirm trial court order setting aside void final order based on application of rule permitting relief from void judgments. De La Osa v. Wells Fargo Bank, N.A., 208 So. 3d 259 (Fla. 3d DCA 2016).

Reversal of adverse judgment based on trial court's reliance on improper expert testimony. Citibank, N.A. v. Olsak, 208 So. 3d 227 (Fla. 3d DCA 2016).

Reversal of adverse summary judgment based on improper application of burden of proof. Wells Fargo Bank, N.A. v. Bilecki, 192 So. 3d 559 (Fla. 4th DCA 2016).

Obtained reversal of order dismissing case in which defendants failed to plead a release defense based on settlement agreement in earlier unrelated litigation. Wells Fargo Bank, N.A. v. Gonzalez, 186 So. 3d 1092 (Fla. 4th DCA 2016).

Obtained affirmance of 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. Phan v. Deutsche Bank National Trust Co., 198 So. 3d 744 (Fla. 2d DCA 2016).

Obtained affirmance of order refusing to stay action based on entitlement to costs in prior dismissed action in which no costs judgment had been obtained. Milce v. Wells Fargo Bank, N.A., 183 So. 3d 1256 (Fla. 4th DCA 2016).

Obtained affirmance of order denying motion to quash service of process when return was valid on its face and statutory notice requirements were satisfied. Mauro v. Wells Fargo Bank, N.A., 180 So. 3d 1083 (Fla. 4th DCA 2015).

Obtained affirmance of lower court ruling that investor who purchased property after recording of lis pendens did not have the right to intervene in subsequent foreclosure case. Market Tampa Investments LLC, v. Stobaugh, 177 So. 3d 31 (Fla. 2d DCA 2015).

Obtained affirmance of judgment for lender. Holding that notice of intent to accelerate required by mortgage was sufficient even though it provided only 28 days to cure when claimed error was not a material breach of the mortgage. Vasilevskiy v. Wachovia Bank, N.A., 171 So. 3d 192 (Fla. 5th DCA 2015).

Obtained reversal of 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. Wachovia Mortgage Corp. v. Posti, 166 So. 3d 944 (Fla. 4th DCA 2015).

Obtained reversal of order dismissing foreclosure action where trial court failed to provide proper notice of trial. Holding order entered without notice is void. Wells Fargo Bank, N.A. v. Michaels, 166 So. 3d 226 (Fla. 5th DCA 2015).

Obtained reversal of entry of summary judgment in favor of borrower when borrower failed to plead ground argued as basis for entry of summary judgment. Bank of America v. Asbury, 165 So. 3d 808 (Fla. 2d DCA 2015).

Holding that notice of default was effective when mailed and there was nothing in the mortgage requiring a lender/servicer to prove receipt. Roman v. Wells Fargo Bank, N.A., 143 So. 3d 489 (Fla. 5th DCA 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 Florida's Banking Statute of Frauds, and the proof needed to maintain promissory estoppel and negligence claims. Bloch v. Wells Fargo Home Mortgage, 755 F.3d 886 (11th Cir. 2014).

Reversal of order dismissing foreclosure action based on improper standard for a lender's standing to enforce a mortgage through a foreclosure action. Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320 (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. KCF Site Development, LLC v. PNC Bank, N.A., 122 So. 3d 499 (Fla. 5th DCA 2013).

Affirmance of denial of challenge to duly noticed foreclosure sale. Corning v. Wells Fargo Bank, N.A., 120 So. 3d 1278 (Fla. 1st DCA 2013).

Reversal of order dismissing case based on trial court's failure to consider relevant factors for dismissal as a sanction. Wells Fargo Bank, N.A. v. Stahler, 115 So. 3d 1105 (Fla. 5th DCA 2013).

Reversal of trial court order striking pleadings and dismissing case as a sanction for discovery violations. Deutsche Bank National Trust Co. v. Sela, 110 So. 3d 537 (Fla. 4th DCA 2013).

Reversal of order dismissing action based on unpleaded affirmative defense. Wells Fargo Bank, N.A. v. Unknown Heirs of Chipner, 100 So. 3d 252 (Fla. 4th DCA 2012).

Affirmance of dismissal of RICO claims based on Rooker-Feldman doctrine. Figueroa v. MERSCORP, Inc., 477 F. App'x 558 (11th Cir. 2012).

Affirmance of dismissal of complaint asserting TILA and breach of contract claims. Brigliadora v. Wells Fargo Bank, N.A., 447 F. App'x 941 (11th Cir. 2011).

Obtained reversal of order staying writ of possession and permitting discovery on motion to vacate final judgment. U.S. Bank, N.A. v. Paiz, 68 So. 3d 940 (Fla. 3d DCA 2011).

Affirmance of order imposing sanctions against defense counsel in a mortgage foreclosure action. Korte v. U.S. Bank, N.A., 64 So. 3d 134 (Fla. 4th DCA 2011).

Obtained reversal of order denying prejudgment writ of replevin. PNCEF, LLC v. S. Aviation, Inc., 60 So. 3d 1120 (Fla. 4th DCA 2011).

Affirmance of $20 million-plus judgment against borrower and guarantors on promissory notes. Copperhead, LLC v. Seacoast National Bank, 72 So. 3d 766 (Fla. 4th DCA 2011).

Affirmance of order recognizing priority of lender's claim against judgment debtor. MacMillan Oil Co. of Florida v. Wells Fargo Bank, N.A., 48 So. 3d 854 (Fla. 4th DCA 2010).

Family Law

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. Schmidt v. Schmidt, 120 So. 3d 31 (Fla. 4th DCA 2013).

Arbitration

Obtained voluntary dismissal after moving to dismiss appeal based on non-appealability of order compelling arbitration. Milestone v. Citrus Specialty Group, Inc., No. 19-14935 (11th Cir. Jan. 2, 2020).

Successfully had appeal dismissed in its early stages based on non-appealability of order compelling arbitration. Seminole County Tax Collector v. Domo, Inc., No. 19-11782, 2019 WL 5784949 (11th Cir. Aug. 31, 2019).

First Amendment

Represented amicus curiae in appeal addressing interplay between broad sunshine laws and the mediation privilege. Everglades Law Center, Inc. v. South Florida Water Management District, 44 Fla. L. Weekly D2356 (Fla. 4th DCA Sept. 18, 2019).

Pro Bono

Successfully obtained dismissal of challenge to final judgment for dissolution of marriage.

Successfully argued for reversal of award of attorneys' fees against nonprofit corporation. Florida State Oriental Medical Ass'n v. Slepin, 971 So. 2d 141 (Fla. 1st DCA 2007).

Litigated on behalf of indigent family whose home had incurred significant hurricane damage.