Joseph Riopelle obtained a dismissal of a Petition for Arbitration on behalf of Condominium in southwest Florida. Arguments raised in opposition to the Petition for Arbitration by Joseph, not only obtained dismissal of the Arbitration but also convinced Petitioner to forgo any further formal litigation against the Condominium.
Richard and Jason Debrincat filed the original civil proceeding against a group of defendants. Stephen Fischer was later added as a party defendant, but the Debrincats subsequently dropped Fischer from the underlying proceeding. Fischer then brought an action against the Debrincats for malicious prosecution. The Debrincats moved for summary judgment, arguing that the litigation privilege… Read more »
In Brecker v. Delaire Country Club, Inc., 2017 Fla. App. LEXIS 259 (Fla. 4th DCA 2017), the Florida Fourth District Court of Appeal issued a unanimous ruling affirming the summary judgment entered in favor of the firm’s client Delaire Country Club, Inc. The Plaintiffs, members of the Country Club, brought suit challenging the results of… Read more »
An insured was sued and incurred over $400,000 in legal fees before notifying its liability carrier and tendering the defense of the lawsuit to its carrier. The liability carrier, upon notification, picked up the defense of its insured but refused to reimburse the insured for the pre-tender legal fees the insured incurred. The court found… Read more »
In Kuhajda v. Borden Dairy Co. of Al., LLC, SC15-1682, the Florida Supreme Court issued a decision holding that Florida Rule of Civil Procedure 1.442 (c)(2)(F)’s provision requiring a proposal for settlement state “whether attorney’s fees are part of the legal claim” is procedural and “totally irrelevant” to enforcement when the complaint does not seek… Read more »
BRPC successfully defended its clients in an auto negligence case obtaining a Final Order of Dismissal on BRPC’s Motion to Dismiss for Fraud upon the Court. Plaintiff brought a negligence suit against BRPC’s clients seeking to recover damages for personal injuries. In deposition Plaintiff provided sworn testimony that that she has a permanent limp which… Read more »
The Fourth District Court of Appeal withdrew its initial Opinion Granting Appellate Attorney’s Fees in a lawsuit involving claims brought against the defendants alleging violation of the Florida Deceptive and Unfair Trade Practice Act §§ 501.201-.213, Florida Statutes (2014)(“FDUPTA”) and the Florida Consumer Collection Practices Act (“FCCPA”) and substituted with an Opinion denying appellate attorney’s… Read more »
In Frazier-White, the Eleventh Circuit held that an employer did not discriminate (hence, the plaintiff failed under prong (3) set forth above) under the ADA or the Florida Civil Rights Act by failing to provide a reasonable accommodation where the employee proposed two accommodations: to allow the employee “an indefinite extension of her light-duty status… Read more »