News & Events

Samuel Spinner, appellate associate, and Hinda Klein, appellate partner, recently obtained an affirmance on appeal of a defense verdict in a first party homeowner's  insurance case brought by an assignee roofing company. At trial, which was handled by partner Robert Horwitz, the jury returned a verdict for the insurer, finding that the roofing company failed to demonstrate that the property's roof was damaged by Hurricane Irma.

Miles A. McGrane, IV, and Tom McCausland, both partners in our Hollywood office obtained a Defense Verdict in a negligent security case in Broward County, Florida.  Plaintiff alleged that our client, a restaurant located on the Hollywood Beach, was negligent in allowing a man wielding a machete to attack Plaintiff who was dining at our restaurant at the time.  Plaintiff, a US Army Veteran, sustained a laceration to his forearm and alleged that he now suffers from debilitating PTSD as a result.  

Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a wrongful death action where the Plaintiff claimed Defendant committed an intentional tort during the course and scope of Plaintiff’s employment which caused the decedent to contract COVID-19 and perish in Leon County, Florida. Mr. Canton and Mr. Hales successfully argued Plaintiff was not a survivor under the wrongful death act and had no claim.

Jesse C. Dyer and Augusto M. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiffs alleged that the insurer materially breached the insurance policy by failing to make payment for property damage resulting from a plumbing failure. The Court agreed with the insurer that a $10,000 sublimit applied to the entirety of Plaintiffs’ insurance claim and that coverage under the sublimit had been exhausted. Plaintiffs contended that the $10,000 sublimit did not apply because the plumbing failure resulted in mold, but the Court rejected this argument both because there was not any timely, competent evidence supporting it and Plaintiffs’ mold theory was not alleged in the Complaint.

Attorney Tylar Heintz of our Orlando office won a summary judgment for a residential homeowner in a trip and fall sidewalk case in Orange County, Florida.  Plaintiff alleged he tripped due to underground tree roots buckling the concrete sidewalk adjacent to the homeowners’ residence. Plaintiff brought suit against the homeowners, the HOA, the management company and Orange County. Based on case law presented from the 1st, 3rd, and 4th DCAs, the Court agreed with Mr. Heintz’s argument that a property owner has no duty to maintain or repair a public sidewalk, and therefore granted final summary judgment in favor of the Defendant homeowners.