Trial Support

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.

Kozel v. Kozel, 302 So. 3d 939, 941 (Fla. 2d DCA 2019)

The firm convinced the appellate court to reverse a $38 million judgment that the trial court had entered against the firm’s client—the former CEO of an international oil company—in post-judgment family-law proceedings. In an appeal that turned on interpreting the parties’ extensive property settlement agreement, the appellate court agreed with the firm that the multimillion dollar judgment had not enforced the terms of the parties’ agreement and, instead, amounted to a stand-alone money judgment that the trial court lacked jurisdiction to enter in post-judgment family-law litigation.