Maitland, FL
State, local, and municipal law Lawyer at Maitland, FL
Practice Areas: State, Local And Municipal Law, Litigation ... +2 more
OUTCOME: Ruling for Town of Ponce Inlet, affirmed on cert. review by the Circuit Court, Judge Perkins.
Client was Defendant, Town of Ponce Inlet. Case was an administrative challenge to the consistency of a Comprehensive Plan Amendment before the Volusia Growth Management Commission.
OUTCOME: Summary judgment in favor of Defendants on all counts.
Client was Defendant, City of Maitland. Plaintiff, a mentally challenged man, was shot 3 times in his own apartment by a Maitland police officer responding to a call of a rape in progress. Plaintiff h ... ad physically battered but not raped his caretaker of many years, but due to a language barrier, the caretaker reported the attack as a rape to the 911 operator. Upon encountering the Plaintiff in the apartment the officers ordered him to stop and show his hands but instead, Plaintiff charged toward the officers, locking one of the officers outside of the apartment before charging back towards the officer still inside. Plaintiff refused to obey the officer's repeated commands to stop and show his hands and was shot by the officer. Plaintiff, who survived the shooting, sued for civil rights violations, battery and negligence, seeking over $10 million in damages. Judge Fawsett entered an 83-page order granting summary judgment in favor of Defendants on all counts, including negligence. Affirmed per curiam by 11th Circuit, June 13, 2012.
OUTCOME: Judgment awarding specific performance to Plaintiff, Medallion Convenience Stores and awarding Plaintiff its attorney's fees and costs.
Client was Plaintiff, Medallion Convenience Stores. Medallion sued Defendants for specific performance of an option to purchase a convenience store/gas station. Defendants countersued for breach of co ... ntract and breach of promissory note. After a 3-day trial, Medallion won on every issue presented. Medallion awarded $166,000 in attorney's fees as prevailing party.
OUTCOME: Judgment for Defendant, City of Flagler Beach, on all issues.
Client was Defendant, City of Flagler Beach. City of Flagler Beach was sued by developer for its refusal to transmit a proposed comp plan amendment that would have changed the designation on a 38 acre ... parcel from recreational to residential. Plaintiff alleged, inter alia, that City violated its due process rights during the transmittal hearing, that there was no evidence presented that was contrary to the proposed amendment and that the Commission had prejudged the matter before the transmittal hearing. After a full day trial and several weeks of deliberation Judge Zambrano found in favor of the City as to all counts. Costs were awarded to City.
OUTCOME: Motion to Enforce Settlement Agreement in favor of Defendants was granted.
Clients were all Defendants. Plaintiffs sued Defendants for, inter alia, breach of contract, fraud, RICO and Unfair and Deceptive Trade Practices. Defendants claimed all matters were resolved by a set ... tlement letter signed by the parties. After a long evidentiary hearing, Judge Turner granted Defendants' Motion to Enforce Settlement on all issues. Defendants' Motion for Attorneys' Fees and Costs was granted and Defendants' were awarded $79,000 in fees and costs.
OUTCOME: Defendants won favorable settlement.
Client was Defendant, Ken Kupp. Plaintiffs sued Defendants over the disposition of a $5 million dollar life insurance policy. After several months of litigation, the case was settled with over 90% of ... the insurance proceeds going to the Defendants and other estate assets being turned over to Defendants via stipulated judgment.
OUTCOME: Directed verdict in favor of Defendant Plummer on all counts.
Client was Defendant, Jeffrey Plummer. Plaintiff sued Plummer for breach of a settlement agreement and violation of a court injunction. Plaintiff sought a one year extension of the injunction and over ... $250,000 in attorneys' fees and costs. After a 2-day bench trial, Defendant was awarded a directed verdict on all counts. Plaintiff paid a portion of Defendant's attorneys' fees and costs.
OUTCOME: Summary judgment for Maitland on all 11 counts.
Clients were City of Maitland and its Community Redevelopment Agency (CRA). Plaintiffs sued the City and its CRA alleging, inter alia, non-compliance with its comprehensive development plan, violation ... of procedural due process and claiming the City's redevelopment plan was unconstitutional. After 14 months of litigation the City was granted summary judgment on all counts.
OUTCOME: Summary judgment for Maitland on all counts.
Client was City of Maitland. Winter Park Construction sued the City of Maitland claiming breach of contract and inverse condemnation. After two years of litigation the City was granted summary judgmen ... t on all counts.
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