McHugh vs. McHugh, 397 So. 3d 1179 (Fla. 5th DCA 2024)
Dec 06, 2024
OUTCOME: Successful appeal on all issues - reversed and remanded for entry of judgment in client's favor.
Marital dissolution (divorce) case involving appeal of equitable distribution portion of trial court's final judgment following trial (Mr. Duncan represented client at trial and on appeal).
Divorce and separation
Kincaid v. Kincaid, 397 So. 3d 1169 (Fla. 5th DCA 2024)
Dec 05, 2024
OUTCOME: Successful appeal on most issues - reversed and remanded for further proceedings.
Appeal of alimony and equitable distribution portions of final judgment of marital dissolution (Mr. Duncan represented client on appeal only).
Appeals
Regency Mall Realty, LLC v. JAAMM Incorporated, 302 So. 3d 828 (Fla. 1st DCA 2020)
Oct 01, 2020
OUTCOME: Client's trial court result affirmed on appeal
Mr. Duncan represented client JAAMM Incorporated at trial court level and on appeal. After winning a judgment against Regency Mall Realty before the trial court, Mr. Duncan successfully represented JAA...MM Incorporated on the appeal.
Appeals
Harris v. Sheriff, Jefferson County Florida, 460 Fed.Appx. 896 (11th Cir. 2012)
Mar 14, 2012
OUTCOME: Successful jury verdict and successful appeal
Mr. Duncan (while with another law firm) represented the client at trial and on appeal. After Mr. Duncan and his team won a substantial jury verdict, the trial court set aside the jury verdict and orde...red a new trial. Mr. Duncan successfully appealed this ruling and the Eleventh Circuit reversed and ordered the original jury verdict reinstated. Case included successful recovery of attorney's fees and costs, both at trial and on appeal.
Litigation
Mammen et al vs. Bronson & Migliaccio, LLP et al (case litigated by Mr. Duncan with prior law firm)
Mar 27, 2009
OUTCOME: Summary judgment for defendants on all counts
Plaintiffs filed lawsuit in United States District Court, Middle District of Florida, alleging violation of Fair Debt Collection Practices Act. Our clients, the defendants, asserted a number of defens...es, including statute of limitations, bona fide error, and that no violation was ever committed. Following extensive discovery and depositions, both plaintiffs and the defendants filed summary judgment motions. After considerable deliberation, the Hon. Elizabeth A. Kovachevich entered an order denying the plaintiffs' motion for summary judgment, granted the defendants' motion for summary judgment, and instructed that judgment in favor of defendants on all counts be entered.
Litigation
Sutton vs. Countrywide Home Loans. et al (case litigated by Mr. Duncan with prior law firm)
Jan 29, 2009
OUTCOME: Successfully argued for summary judgment on federal RESPA claim.
Case litigated in United States District Court, Middle District of Florida. Plaintiff alleged violations of RESPA, Florida's Deceptive and Unfair Trade Practices Act and Florida's elder abuse law. Afte...r removal to federal court, we moved for summary judgment on behalf of the defendants.
Appeals
Southeast Florida Cable, Inc. v. Martin County, Fla., 173 F.3d 1332 (11th Cir. 1999)
Apr 27, 1999
OUTCOME: Successful appeal on all issues - reversed and remanded.
Appeal of trial court's dismissal of complaint alleging county gave favorable treatment to client's competitor in violation of Due Process and Equal Protection Clauses of U.S. Constitution and violated... Federal Cable Act. Mr. Duncan, while with a prior firm, drafted appellate brief and assisted with preparation for oral argument on appeal. Appeal was successful, with appellate court reversing trial court's ruling.