South Miami, FL
Personal injury Lawyer at South Miami, FL
Practice Areas: Personal Injury, Litigation ... +2 more
OUTCOME: Reversed and remanded.
Defendant was convicted in the Circuit Court, Dade County, Ronald M. Friedman, J., of trafficking in cocaine, and he appealed. The District Court of Appeal, Jorgenson, J., held that trial court was req ... uired to conduct inquiry into State's use of peremptory challenges to strike black prospective jurors, even though defendant was Hispanic.
OUTCOME: Reversed.
Suit was filed to recover a share of the financial losses plaintiffs suffered as a result of loans made to a corporation in connection with which defendants had allegedly agreed to obligate themselves ... for capital requirements. The Circuit Court, Dade County, John V. Ferguson, J., entered judgment against defendants, and they appealed. The District Court of Appeal, Pearson, J., held, inter alia, that the statute of frauds was a valid defense to plaintiffs' claim.
OUTCOME: Reversed and remanded for a new trial.
Defendant, whose nose had been broken by victim two days before incident, was convicted in the Circuit Court, Broward County, Humes T. Lasher, J., of aggravated assault for firing three shots at victim ... sitting in car after defendant had shot victim's brother who had gone to defendant's door to collect $400 debt. Defendant appealed. The District Court of Appeal, Letts, J., held that: (1) trial court committed reversible error by refusing to allow testimony of prior threats that victim's brother had some nine months earlier, while attempting to collect same debt, threatened to shoot defendant and waved a gun; (2) reversible error occurred when prosecutor made reference to defendant's Fifth Amendment rights, and (3) trial court committed reversible error by sustaining objection to defense counsel's question to State's chief witness during cross-examination concerning whether such witness had ever been convicted of a crime.
OUTCOME: Reversed and Remanded
Lessors brought action against former lessees to recover for damage to premises and lessees counterclaimed seeking specific performance of option to purchase. The Circuit Court, Dade County, Francis X. ... Knuck, J., entered an order granting specific performance, and lessors appealed. The District Court of Appeal held that option agreement was dependent covenant that expired with the lease.
OUTCOME: Reversed and remanded with instructions.
Former employee brought breach of contract action against company, founder of company, and other employee. The Circuit Court, Dade County, Celeste Hardee Muir, J., entered judgment for former employee. ... Defendants appealed. The District Court of Appeal held that after he was fired employee had to return the stock he had received from founder of company.
OUTCOME: Affirmed.
Worker for subcontractor, who was rendered quadriplegic in condominium construction site accident, brought personal injury action against project owner, which was also the general contractor on the pro ... ject, alleging that project owner was negligent for failing to provide a safe place to work. After a jury trial, the Circuit Court, Lee County, Sherra Winesett, J., entered judgment apportioning 10% negligence to project owner, and finding project owner liable for 95% of economic losses. Project owner appealed. The District Court of Appeal, Villanti, J., held that: 1 whether contractor negligently allowed, or approved by its silence, a dangerous condition to be created at work site was question for jury, and 2 the Court of Appeals would not grant new trial for improper jury instruction regarding an “ultimate” duty on part of owner.