Appeals
Whether to preserve a favorable trial result, or to overturn an unfavorable one, the attorneys at DRBDC, use the firm’s extensive experience of practice in appellate law to maximize their results. The firm has represented numerous clients in appeals before both state and federal courts concerning diverse areas of the law. A sampling of recent appeals includes:
Reversal of trial court order denying arbitration to architect in suit by successor in interest to commercial property management company. Court held plaintiff was stopped from repudiating contract obligations in professional malpractice claim it brought against architect, where, at the same time successor sought to avoid application of arbitration clause contained in architectural services contract, it sought to impose liability pursuant to other contract provisions. Giller v. Cafeteria of South Beach Ltd., LLP, 967 So. 2d 240 (Fla. 3d Dist. Ct. App. 2007).
Reversal of trial court order permitting wife to intervene in suit between business partners where one partner’s house had previously been held an asset of the partnership and canceling his quitclaim deed to himself and his wife as tenants in the entirety as a fraudulent conveyance. Burt v. Buchman, 943 So.2d 208 (Fla. 3d Dist. Ct App., 2006)
Summary judgment for engineer threshold inspector affirmed in wrongful death case brought by estate of decedent workman after a construction accident, finding the engineer not liable for steel constructor’s safety techniques or means and methods of construction based on worker’s compensation statute and engineer’s contract. Abramson v. ProfessionalEngineering & Inspection Co., Inc., 908 So.2d 1077 (Fla. 4th Dist. Ct, App. 2005)
Order granting class action certification to home owners complaining of design and construction defects affirmed where developer had alleged home owners’ individual contracts prohibited class action certification. Bonded Builders Service Corp. v. Dowlatram, 891 So.2d 1216, 1217 (Fla. 3d Dist. Ct. App. 2005).