Attorney Gary Steven Gaffney's Legal Cases

Real estate

Avila v. TRD and Biscayne 21 Condominium

Jul 10, 2025

OUTCOME: Won at 3rd DCA; this case is currently before the Florida Supreme Court

Condominium termination in Florida. https://law.justia.com/cases/florida/third-district-court-of-appeal/2025/3d23-1616.html

Litigation

Green v Polukoff and Allstate Ins. Co., 377 So.3d 1175 (4th DCA 2024)

Jan 31, 2024

OUTCOME: Won

Construction of Rule of Florida Civil Procedure; "Substance over Form" in Civil Pleading Requirements; Death of a Party Litigant

Banking

Massey v. Thomas, 42 So. 3d (2022)

Jul 21, 2022

OUTCOME: Won; reversed and remanded.

Procedural law; Appeal of an erroneous Trial Court construction of an Administrative Order issued by the Florida Supreme Court.

Personal injury

BROWARD OUTPATIENT MEDICAL CENTER, LLC, et al FENSTERSHEIB LAW GROUP, 45 Fla. L Weekly D2642 (Fla. 4th DCA November 25, 2020).

Nov 25, 2020

OUTCOME: Affirmed in Part/ Reversed in Part

Validity and priority of liens and claims to settlement proceeds arising out of a "protection letter" in personal injury cases.

Education

Doe v. Nur'Ul Islam Academy, 217 So.3d 85 (4th DCA 2017)

Mar 22, 2017

OUTCOME: Won, reversed.

Issues include: the Statute of Limitations defense; the "accrual" of a cause of action; the "delayed discovery" doctrine; the doctrine of equitable estoppel; and basic civil pleading practice

Real estate

Hastie v Ekholm, Hastie v. Ekholm, 199 So. 3d 461 (Fla. 4th DCA 2016)

Aug 31, 2016

OUTCOME: Affirmed.

Florida easement law; and construction of deeds. https://edca.4dca.org/DCADocs/2015/0289/150289_DC05_08312016_090204_i.pdf

Real estate

Seligson v. Kenneth Smith, Luis Ulloa & Pronet Grp., Inc., 177 So.3d 621, (4th DCA 2015)

Oct 02, 2015

OUTCOME: PCA, Affirmed

Legal duty of construction engineer - retained by a home insurer - to the insured homeowner

Health care

Beverly Enterprises v. Knowles, 898 So.2d 1 (2005)

Jun 03, 2005

OUTCOME: Won

Before the Florida Supreme Court. Represented Beverly, one of the largest healthcare providers in the world, in a case involving the construction of Florida's Nursing Home Act http://www.leagle.com/d ... ecision/2004899898So2d1_1899/KNOWLES%20v.%20BEVERLY%20ENTERPRISES-FLORIDA

Real estate

Woods v. Hialeah Hotel and Ramada Inn, Inc, 884 So. 2d 517 (3rd DCA 2004)

Jan 01, 2004

OUTCOME: Reversed, sanctions imposed.

Premises liability for homicides committed at hotel; Jury Verdict of $1.6 million. Represented Ramada Inn in the appeal. Result: 1.6 Million dollar verdict reversed; Plaintiffs sanctioned by both trial ... and appllate courts for fees and costs - for entire proceeding. https://www.leagle.com/decision/20041401884so2d5171572

Constitutional

Integrated Health Care Serv., Inc. v. Redway, 840 So.2d 974 (2002)

Nov 28, 2002

OUTCOME: Affirmed

Before the Florida Supreme Court. Statutory Construction: Pre-suit requirements of Florida's Medical Malpractice Act do not apply to actions filed against licensed nursing home facilities http://ca ... selaw.findlaw.com/fl-supreme-court/1218675.html

Gary Steven Gaffney's Legal Cases (43)

Avila v. TRD and Biscayne 21 Condominium

Green v Polukoff and Allstate Ins. Co., 377 So.3d 1175 (4th DCA 2024)

Massey v. Thomas, 42 So. 3d (2022)

BROWARD OUTPATIENT MEDICAL CENTER, LLC, et al FENSTERSHEIB LAW GROUP, 45 Fla. L Weekly D2642 (Fla. 4th DCA November 25, 2020).

Doe v. Nur'Ul Islam Academy, 217 So.3d 85 (4th DCA 2017)

Hastie v Ekholm, Hastie v. Ekholm, 199 So. 3d 461 (Fla. 4th DCA 2016)

Seligson v. Kenneth Smith, Luis Ulloa & Pronet Grp., Inc., 177 So.3d 621, (4th DCA 2015)

Beverly Enterprises v. Knowles, 898 So.2d 1 (2005)

Woods v. Hialeah Hotel and Ramada Inn, Inc, 884 So. 2d 517 (3rd DCA 2004)

Integrated Health Care Serv., Inc. v. Redway, 840 So.2d 974 (2002)