Attorney Thomas John Ali's Legal Cases

Workers compensation

Department of Financial Services, Division of Workers’ Compensation v. Lumbert

Jan 01, 2011

OUTCOME: Prevalied

DOAH Case No: 10-0520. (February 23, 2011). (The Department of Financial Services, Division of Worker’s Compensation sought unsuccessfully to impose a penalty of $43,718.07 against James Lumbert for f ... ailing to obtain worker’s compensation insurance coverage. The Administrative Law Judge ruled that not only did the Division fail to properly calculate penalties sought (which originally was over $80,000.00) but that Mr. Lumbert was neither a sole proprietor nor an independent contractor employed in the construction industry at the time of the proceeding at issue. Thus, the Division failed to prove that Mr. Lumbert was an employer/employee in the construction industry required to provide worker’s compensation insurance coverage for himself).

Guardianship

Della Ratta v. Della Ratta

Jan 01, 2006

OUTCOME: Prevalied

927 So. 2d. 1055 (Fla. 4th DCA 2006). (Seminal Florida case concerning the “family member presumption”, and claims for “unjust enrichment” and imposition of an equitable lien on a condominium apartment ... relating to claims of a son that with the knowledge and consent of his mother and step-father, he made improvements to a condominium owned by his mother and step-father and paid all expenses in expectation of eventually receiving title to the condominium by gift or purchase, and that the mother and step-father ultimately decided to sell the condominium to a third party. The appellate court ruled in favor of the son by concluding that his claims below for damages for “unjust enrichment” and the imposition of an equitable lien on the condominium should not have been dismissed by the trial court

Personal injury

In Re: Relief: Margaret Helm

Jan 01, 2002

OUTCOME: Prevailed

Chapter 2002-313 Laws of Florida Acts 2002 (June 11, 2002). (Legislation passing equitable claim bill approved by Florida Governor for injured claimant in action against Martin County, Florida where a ... volunteer fireman runs over claimant acting as Good Samaritan assisting elderly couple injured in accident)

Landlord or tenant

Cacciatore v. Fisherman’s Wharf Realty

Jan 01, 2002

OUTCOME: Prevalied

821 So. 2d. 1251 (Fla. 4th DCA 2002). (Seminal Florida case holding a presumption of tenancy by the entireties arises in connection with ownership of a stock certificate issued in the joint names of th ... e husband and wife, the words “with right of survivorship” are not required to be appended).

Divorce and separation

McArdle v. McArdle

Jan 01, 2000

OUTCOME: Prevalied

753 So. 2d 696 (Fla. 4th DCA 2000). (The court holds non-custodial parent should be granted reasonable visitation with a child unless there is proof of extreme circumstances, or the trial court finds t ... hat the visitation will adversely affect the welfare of the child).

Probate

Binkerd v. Svendsen

Jan 01, 1999

OUTCOME: Prevailed

724 So. 2d 1264 (Fla. 4th DCA 1999). (In an estate case the appellate court reverses the trial court in granting a summary judgment and remands for a trial).

Divorce and separation

DeSantis v. DeSantis

Jan 01, 1997

OUTCOME: Prevailed

, 692 So. 2d. 300 (Fla. 4th DCA 1997). (The District Court affirmed final judgment of dissolution of marriage).

Advertising

Patterson Outdoor Advertising v. Department of Transportation

Jan 01, 1995

OUTCOME: Prevailed

651 So. 2d. 784 (Fla. 4th DCA 1995). (The court holds absence of proper notice either that fees for billboards on I-95 were coming due or that they were late and must be paid within thirty (30) days re ... quired reversal of the order the Florida Department of Transportation denying applications for billboard permits)

Construction and development

Lake v. McDonald

Jan 01, 1994

OUTCOME: Prevailed

2 Fla. L. Weekly Supp. 224 (March 24, 1994). (Upheld a challenge to an arbitration award)

Landlord or tenant

Reliable Reprographics Blueprint and Supply, Inc. v. Florida Mango Office Park, Inc.

Jan 01, 1994

OUTCOME: Prevalied

645 So. 1040 (Fla. 4th DCA 1994). (One of the leading Florida cases governing appeal of orders concerning attorney’s fees and cost awards).

Thomas John Ali's Legal Cases (11)

Department of Financial Services, Division of Workers’ Compensation v. Lumbert

Della Ratta v. Della Ratta

In Re: Relief: Margaret Helm

Cacciatore v. Fisherman’s Wharf Realty

McArdle v. McArdle

Binkerd v. Svendsen

DeSantis v. DeSantis

Patterson Outdoor Advertising v. Department of Transportation

Lake v. McDonald

Reliable Reprographics Blueprint and Supply, Inc. v. Florida Mango Office Park, Inc.