Representative Cases

Appellate Decisions

Victoriana Building, LLC v. Ft. Lauderdale Surgical Center, LLC,et al., Fourth District Court of Appeal, Case No. 4D12-2979 (successfully representing consortium of ambulatory surgical center investors in reversing adverse Final Judgment and remanding to trial court for entry of judgment for $2.2 million), dated May 20, 2015.

Miami Automotive Retail, Inc. v. Baldwin, 97 So.3d 846, (Fla. 3d DCA 2012), rev. denied, 2012 WL 6653026 (Fla.)(successfully representing automobile dealer [on motion for rehearing] in reversing class certification order on consumer claims arising under, inter alia, the Florida Deceptive and Unfair Trade Practices Act).

Cleveland Clinic v. Weston Emergency Physicians, LLC, Fourth District Court of Appeal, Case No. 4D11-1899 (successfully representing provider of emergency department medical services in certiorari proceedings concerning defendant hospital’s objection to producing privileged documents excepted under Florida’s crime-fraud exception).

InPhyNet v. David M. Soria, M.D., 37 So.3d 299 (Fla. 4th DCA 2010) (successfully representing Respondents in consolidated Petitions for Writ of Prohibition).

200 East Partners, LLC v. Gold, 997 So.2d 466 (Fla. 4th DCA 2008) (successfully representing condominium unit purchasers in rescission and damages action against developer under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701-20 (2005)).

Blackburn v. Bartsocas, 978 So.2d 820 (Fla. 4th DCA 2008) (successfully representing probate estate and its co-personal representatives against claims of implied partnership and unjust enrichment; reversing jury verdict of $1,753,590.47 based upon, inter alia, application of statute of limitations).

In re: Green Isle Partners, Ltd., S.E., 212 Fed. Appx. 784 (11th Cir. (Fla.) 2006) (successfully representing owner of Ritz Carlton Hotel & Casino in San Juan, Puerto Rico against rescission, fraud, and RICO claims of plaintiff arising from underlying land dispute).

Harris Corp. v. Humana Health Ins. Co. of Florida, Inc., 253 F.3d 598 (11th Cir. (Fla.) 2001) (successfully representing health insurer in case of first impression in Eleventh Circuit involving federal Medicare Secondary Payer Act, 42 U.S.C. §1395y(b)).

Boulis v. Boulis, 754 So.2d 810 (Fla. 4th DCA 2000) (successfully representing entrepreneur and business mogul, Gus Boulis, in domestic relations case involving marital estate estimated at $90 million).

Weigert v. Trade Wind Ventures, Inc., 667 So.2d 913 (Fla. 3d DCA 1996) (successfully reversing trial court final judgment on commercial contract dispute and having final judgment entered for appellant).

In re Ward, 654 So.2d 549 (Fla. 1995) (successfully representing the State of Florida Judicial Qualifications Commission before the Florida Supreme Court on sitting judge’s challenge of Commission’s recommendation of public reprimand).

In re Fogan, 646 So.2d 191 (Fla.1994) (successfully representing the State of Florida Judicial Qualifications Commission before the Florida Supreme Court on sitting judge’s challenge of Commission’s recommendation of public reprimand).

Lake Lucerne Civic Ass’n, Inc. v. Dolphin Stadium Corp., 878 F.2d 1360 (11th Cir.(Fla.)1989) (successfully representing stadium developer, Joseph Robbie, in underlying suits concerning, and appellate challenges to, favorable real property, land use and zoning decisions relative to construction of multi-use, public-purpose stadium).

Swartz v. Russell, 481 So.2d 64 (Fla. 3d DCA 1985) (successfully reversing trial court order of eviction of landmark East Coast Fisheries restaurant located on the Miami River in Miami-Dade County).

District Court Decisions

Mursten v. Caporella, U.S. District Court, Case No. 14-60014-CIV (successfully representing Chairman and Chief Executive Officer of publicly traded entity, National Beverage Corp. in claim for over $6 million under alleged oral agreement), dated October 2, 2014.

Circuit Court Decisions

Westside EKG Associates v. Foundation Health, etc., et al., Broward County Circuit Court, Case No. 01-016184 CACE (07)(successfully representing health plan opposing hospital-based medical provider’s motion for class action certification under Florida’s “prompt-pay” statute, §641.3155, Fla. Stat.), dated February 13, 2013.

T&C Asset Management LLC d/b/a HREC Development Resources v. Broward County, Broward County Circuit Court, Case No. 10-031391 CACE (19) (successfully representing convention center hotel project consultant in claims against Broward County for an Advisory Fee), dated April 9, 2012 (Final Judgment) and dated September 27, 2011 (Partial Summary Final Judgment).

Fidelity National Title Insurance Company, et al. vs. Fontainebleau Resorts, LLC, et al., Miami-Dade County Circuit Court, Case No. 09-75602 CA (40) (successfully representing indemnitor in summary judgment proceedings brought by 10 title insurance companies in relation to $1.85 billion in construction financing by lenders to the owners of the Fontainebleau Las Vegas Casino & Resort), dated January 25, 2012.

Pecora vs. Deux Michel, Inc., et al., Broward County Circuit Court, Case No. 08-001200 CACE (19) (successfully representing owners of premiere catering halls, Signature Grand and Signature Gardens in action by shareholder alleging conversion and obtaining a Final Judgment on claims for conversion and constructive dividends/preferential distributions), dated February 9, 2010.

InPhyNet Contracting Services, Inc. v. David M. Soria, M.D., Broward County Circuit Court, Case No. 05-016999 CACE (07) (successfully representing emergency department physician against former employer in action to enforce restrictive covenant and obtaining an Order Granting Defendants’ Motion for Summary Final Judgment), dated October 27, 2009.

Sheridan Healthcorp, Inc. vs. Neighborhood Health Partnership, Inc., Broward County Circuit Court, Case No. 06-08940 CACE (07) (successfully representing provider of hospital-based anesthesiology services against HMO and obtaining an Order on partial Summary Judgment based upon a claim for the creation of a contract-implied-in-fact.), dated April 16, 2009.

David M. Soria, M.D. vs. InPhyNet Contracting Services, Inc. and Team Health, Inc., Broward County Circuit Court, Case No. 06-021050 CACE (07) (successfully representing an emergency medicine physician as a class representative in obtaining an Order Granting Plaintiff’s Motion for Class Certification), dated November 10, 2008.