Trafalgar Woods Homeowners Association, Inc. v. City of Cape Coral, 248 So.3d 282 (Fla. 2nd DCA 2018)

Jun 08, 2018

OUTCOME: Second District Court of Appeal reversed trial court ruling dismissing case with prejudice without giving opportunity for leave to amend.

Court of Appeals reversed lower court's ruling dismissing case with prejudice.

First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc., 115 So.3d 978 (Fla. 2013)

May 30, 2013

OUTCOME: The Supreme Court held that the attorney fee agreement's alternative fee recovery clause was valid and reinstated judgment awarding attorney's fees at the alternative (higher) hourly rate.

This Supreme Court's decision involved a significant issue regarding the award of attorney's fees and was based upon a conflict between the Second and Fourth District Courts of Appeal. The fee agreem ... ent provided an alternative fee recovery clause, which provided that the rate for the attorney who was assigned by the liability insurer to represent the insured at the rate of $170.00 per hour, would be $300.00 per hour if anyone other than the insurer was required to pay attorney fees. Thus the general contractor was required to pay prevailing party reasonable attorney fees to insured, which prevailed on indemnity claim against the general contractor in an amount greater than insurer owed under agreement's hourly rate.

Compass Construction, Inc. v. First Baptist Church of Cape Coral, Florida, Inc., 61 So.3d 497 (Fla. 2nd DCA 2011)

May 27, 2011

OUTCOME: Appellate Court reversed the lower Court's final judgment for attorney's fees and remand for the entry of an amended final judgment for attorney's fees to be calculated in accordance with the agreed hourly rate stated in the applicable fee agreement

DuPont Builders, Inc. v. Baker, 987 So.2d 146 (Fla. 2nd DCA 2008)

Jul 11, 2008

OUTCOME: Contractor that offered to settle suit by customer for $100 and prevailed at trial was entitled to award of attorney fees pursuant to offer of judgment statute and rule; statute and rule creates independent basis for award of attorney fees.

Land Management of Florida, Inc. v. Hilton Pine Island, Ltd., 974 So.2d 532 (Fla. 2d DCA 2008)

Feb 08, 2008

OUTCOME: The Appellate Court reversed the summary judgment, paving the way for the Plaintiff to fully litigate this case.

I was asked to appear as local co-counsel for the Plaintiff in this case. By the time I was asked to appear, the Court had entered summary judgment against the Plaintiff and the Plaintiff appealed. On ... appeal, I successfully moved for relinquishment of jurisdiction to the trial court to consider a Rule 1.540 motion based upon a material omission in the document crucial to the entry of summary judgment against the Plaintiff.

Morroni v. Peeples, 872 So.2d 366 (Fla. 2nd DCA 2004)

Apr 23, 2004

OUTCOME: In declaratory judgment action, Court could not dismiss individual claimant's action against land trust, in which claimant sought fees owed, dismissal was based on stipulation of corporate claimant without knowledge of individual claimant.

Johnson v. Aqua Pool Co., Inc., 725 So.2d 458 (Fla. 2D DCA 1999)

Feb 10, 1999

OUTCOME: The homeowners ended up owing the contractor less than one-half of the claimed damages.

The case provides guidance on the concept of "adverse effect" under Section 713.08, Florida Statutes of the Florida Construction Lien Law. The case arose from the insolvency of a major custom home bui ... lder. An unpaid swimming pool subcontractor filed a construction lien foreclosure and unjust enrichment case against the homeowners. The homeowners claimed "adverse effect" and therefore no liability because the subcontractor's claim of lien was facially invalid. The trial court enforced the lien. The appellate court reversed and remanded. On remand, the trial court refused to foreclose the lien but ruled that the homeowners had been unjustly enriched. Little guidance existed in Florida case law on "adverse effect" before this case.

Gulf Coast Roofing Co., Inc. v. Zalenik, et al., 576 So.2d 776 (Fla. 2D DCA 1991)

Feb 27, 1991

OUTCOME: The Appellate Court disagreed holding that the Zalezniks timely claimed abandonment.

This case involved uncertainty under the Florida Mechanic's (now Construction) Lien Law about the length of time a landowner can wait before deeming a contractor to have abandoned a construction projec ... t. I represented the homeowners in this lien foreclosure, unjust enrichment and equitable lien foreclosure case. Construction of the home ceased before completion. Several unpaid subcontractors recorded liens and filed suit arguing that Zalezniks forfeited lien law benefits by not timely claiming abandonment.