Cavalieri v. Avior Airlines C.A., 25 F.4th 843 (11th Cir. 2022)

In a putative class action filed on behalf of thousands of consumers who purchased airfare from a South American airline, the firm obtained a reversal from an order dismissing the case on federal preemption grounds. Though the district court had dismissed the putative class’ case on the basis that their request for damages was preempted by the Airline Deregulation Act, the firm convinced the appellate court that the class sought merely to enforce the parties’ private agreements regarding the cost of passage and, thus, fell outside the scope of ADA preemption, as delineated by the United States Supreme Court.

Malek v. Malek, 346 So. 3d 179 (Fla. 3d DCA 2022)

In an appeal stemming from disputed ownership of a British Virgin Islands corporation that holds Florida real estate worth millions of dollars, the firm obtained reversal of an order compelling arbitration. Before the appeal, the BVI corporation had successfully intervened in the trial court—contending that an arbitration provision in its articles controlled the procedure for deciding who owns its shares. In a victory for the firm’s client, the appellate court held that the corporation had no interest in who owns it and, thus, no dispute with any shareholder over governance of the entity.

Olympus Ins. Co. v. Miller, Case No. 4D21-1903

The firm recently prevailed for the insured in a residential property insurance appeal when the insurer voluntarily dismissed its appeal, after full briefing and the scheduling of oral argument. The appeal involved policy interpretation—specifically the insurer’s contention that an endorsement to the policy authorized it to pay for all loss, including the insured’s claim for additional living expense—from the mold coverage protection of the policy, thereby exhausting policy limits below the insured’s damages that were recovered at trial.

CFLB Partnership, LLC v. Diamond Blue International, Inc., 352 So. 3d 357 (Fla. 3d DCA 2022)

In an appeal arising from complex real-estate development litigation, the firm obtained a reversal of an order entering a substantial unjust-enrichment money judgment against the firm’s client. Through an opinion that addressed both the scope of equitable unjust-enrichment relief under Florida law and the limitations of such relief in the face of an LLC’s separate corporate existence, the firm was able to have the judgment against its client reversed.

Advanced 3-D Diagnostics, Inc. v. Direct Gen. Ins. Co., 351 So. 3d 190, 191 (Fla. 5th DCA 2022)

The firm obtained a reversal of an adverse summary judgment order dismissing its medical-service-provider client’s insurance coverage case. After full briefing, the insurer, which was successful below, filed a confession of error, leading the appellate court to reverse the judgment against the firm’s client and allowing its client’s case to proceed in the trial court.


The firm was co-counsel with a leading Miami family law firm in the the trial court for a two-week trial and then represented the husband on appeal in the Third District Court of Appeal in a high-profile, nine-figure dissolution of marriage case that turned on the enforceability of a pre-nuptial agreement.


Crabtree & Auslander represented a husband before the Fourth District Court of Appeal in an action involving a nine-figure marital estate. The firm successfully reversed a trial court order calling for the client to make a 7.6 million dollar interim marital asset distribution.

Gobbi v. Mamann.

The firm represented one of the world’s leading art collectors in a multimillion dollar real estate dispute as co-counsel before the trial court and, then, lead appellate counsel—representation that ultimately led to settlement with the producer of “Seinfeld” and “How I Met Your Mother.”

Confidential Family Law Appeal (Fla. 4th DCA 2021)

In an appeal arising from dissolution of marriage proceedings, the firm was able to obtain a reversal of an order improperly distributing the parties’ assets. The firm obtained this reversal by convincing the appellate court that the trial court had not considered the factors necessary to distribute the parties’ assets and, accordingly, that further litigation in the trial court was necessary under Florida law.

Bank of America, N.A. v. Colombo, 329 So. 3d 260 (Fla. 3d DCA 2021)

In the appellate court, the firm protected its client’s entitlement to pursue punitive damages against Bank of America in commercial litigation between its client and the bank. Bank of America had filed a petition for writ of certiorari to vacate the order allowing the firm’s client to pursue punitive damages against it. But the firm was able to defeat that attempt, entitling its client to pursue punitive damages against the bank in the trial court.