Attorney Andrew Scott Epstein's Legal Cases

Litigation

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

Jul 11, 2008

OUTCOME: Contractor offered $100 to settle lawsuit. Contractor who prevailed at trial was entitled to attorney fees under offer of judgment statute and rule; offer of judgment statute and rule created an independent basis for the award of attorney fees

Customer brought action against contractor, its principal and developer. After customer rejected a settlement offer from contractor and principal of $100 each, and the entry of judgment after a bench t ... rial in favor of defendants, the Circuit Court awarded attorney fees to principal but denied contractor's motion for fees. Contractor appealed. Appellate Court held that contractor was entitled to award of attorney fees pursuant to offer of judgment statute and rule.

Litigation

Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2D DCA 1995)

Jul 28, 1995

OUTCOME: Bank's Petition for Certiorari dismissed. Even when parties have executed valid waiver of jury trial, trial court has discretion to use advisory jury.

Bank sued borrower and guarantors under promissory note, security agreement, and guaranty, and borrower counterclaimed for fraud and conversion. Bank moved to strike defendants' demand for jury trial b ... ased on express jury trial waivers in note and related documents. The Circuit Court denied motion, and bank filed petition for writ of certiorari. The District Court of Appeal held that challenged order would not necessarily cause any material injury during remainder of proceeding, and matter could be remedied on post-judgment appeal, and thus bank did not present issue that invoked appellate court's certiorari jurisdiction.

Lawsuits and disputes

Rescom Investments, Inc. v. Strategic Consulting & Managing, Inc., 635 So.2d 1061 (Fla. 2D DCA 1994)

Apr 29, 1994

OUTCOME: Appellate Court affirmed trial court's appointment of receiver based upon substantial record evidence that appellants defaulted on mortgage obligations. However, trial court erred setting appellee's bond for receivership at only $10,000.

In action involving mortgage, the Circuit Court, entered an order appointing receiver for subject real property and setting mortgagee's bond for receivership at $10,000. Mortgagors appealed. The Distri ... ct Court of Appeal held that: (1) evidence that mortgagors defaulted on their mortgage obligations warranted appointment of receiver, as provided for in mortgage, but (2) amount of bond was inadequate.

Andrew Scott Epstein's Legal Cases (3)

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

Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2D DCA 1995)

Rescom Investments, Inc. v. Strategic Consulting & Managing, Inc., 635 So.2d 1061 (Fla. 2D DCA 1994)