Summary of Recent Decisions, Civil Appeals, Criminal Appeals, Administrative Appeals and Post Conviction Motions 

FAMILY LAW:

  • Stillson v. Reid,  Case No. 2009-20415 (Fla. 7th Cir. Vol. Co. Mar. 2009)  Successfully obtained a dismissal of petition for injunction against dating violence.  
  • Craft v. Craft, Case No. 5D08-4309 (Fla. 5th DCA 2009)  Successfully obtained Joint Stipulation and Settlement resolving underlying issues in divorce action. 
  • Arnold v. Arnold, Case No. 5D08-3658 (Fla. 5th DCA 2009) Successfully obtained dismissal of appeal.
  • Gunn v. Ubbels, Case No. DR06-1738 (St. Johns Co. 2008)  Successfully obtained and recovered from opposing party $9,000+ in appellate attorney's fees and costs for first appeal filed by opposing party. 
  • Gunn v. Ubbels, Case No. DR06-1738 (St. Johns Co. 2008) Successfully obtained and recovered from opposing party $20,000 award of appellate attorney's fees for second appeal filed by opposing party.
  • Gunn v. Ubbels, Case No. 5D08-2741 (Fla. 5th DCA 2008) Successfully obtained Joint Stipulation and Settlement resulting in dismissal of appeal.  Client received additional $11,000 payment over and above divorce judgment.
  • Gunn v. Ubbels, Case No. 5D07-1542 (Fla. 5th DCA 2008)  Successfully obtained affirmance of appeal involving complicated venue issues in divorce appeal. 
  • Loessin v. Loessin, Case No. 2006-30388 FMCI (Fla. 7th Cir. Vol. Co., March 28, 2008)  Successful in setting aside locally known plastic surgeon's conviction for indirect criminal contempt and obtaining his immediate release from incarceration. 
  • Conville v. Conville, 31 Fla. L. Weekly D 280 (Fla. 5th DCA Nov. 9, 2006) Successfully reversed lower court's order and remanded the case to the lower court to allow the mother a full hearing before determining a permanent change of custody.
  • L.B.B. v. DCFS, Case No. 5D05-2832 (Fla. 5th DCA Sep. 28, 2005), Prompted a ruling by the appellate court requiring the clerk of court to provide a copy of the record on appeal without cost to not only indigent criminal defendants but indigent parents in termination of parental rights proceedings.
  • Weaver v. Weaver, Case No. 910 So. 2d 387 (Fla. 5th DCA 2005), Reversed child support order in which the trial court had departed from the recommended guideline without explanation.
  • Gaudette v. Gaudette, 890 So. 2d. 1161 (Fla. 5th DCA 2004) Reversed substantial award of attorney's fees to wife.
  • Taylor v. Bonsall, 875 So. 2d 705 (Fla. 5th DCA 2004) Reversed order extending child support payable to spouse after child's 18th birthday.
  • Amico v. Amico, 864 So. 2d 427 (Fla. 5th DCA 2003) Affirmed final judgment of dissolution awarding spouse $4,000 per month alimony.
  • Wilson-Sessoms v. Sessoms, 855 So. 2d 75 (Fla. 56h DCA 2003) Affirmed modification order transferring custody of children to husband.
  • Dep't of Health v. Ford, 753 So. 2d 100 (Fla. 5th DCA 2000) Affirmed order disclosing birth records in private adoption.
  • Rapp. v. Hooper, 750 So. 2d 733 (Fla. 5th DCA 2000) Petition for writ of certiorari granted; lower court's order of contempt quashed.  The circuit court in Florida lacked jurisdiction to require petitioner's attendance at "further proceedings" in Illinois involving a custody matter there after it specifically declined jurisdiction in the case.
  • Cooper v. Austin., 750 So. 2d 711 (Fla. 5th DCA 2000) Reversed and remanded; former wife's demand that her husband either give in to her demands at settlement mediation or go to jail, was clearly extortionate and her presentation of extorted agreement was a fraud on the court making the trial court an instrument of her extortion.

CRIMINAL:

  • In the Interest of S.R., Case No. 2009-30170 (Fla. 7th Cir. Vol. Co. Mar. 2009)  Successfully obtained Announcement of No Petition as to a pending charge of aggravated battery.
  • State v. Beck, Case No. 1991-03541 (Fla. 7th Cir. Vol. Co. Mar. 30, 2009)  Successfully obtained dismissal of violation of probation;  successfully prevented State from extending client's probation;  successfully prevented State from obtaining a restitution order at conclusion of probation period.
  • State v. Yagan, Case No. 2008-13737 & Case No. 2008-42924 (Fla. 7th Cir. Vol. Co. Apr. 2, 2009)  Successfully obtained nolle prosequi (dismissal) of Driving While License Suspended charge (DWLS) and successfully obtained order rescinding previously issued capias (arrest warrant).  Client's driver's license reinstated. 
  • State v. Sarac,  Case No. 2008-53206 (Fla. 7th Cir. Vol. Co. Mar. 9, 2009)  Successfully obtained nolle prosequi (dismissal) of two separate criminal charges of Possession of Cannabis and Possession of Paraphernalia.
  • Suntich v. State, 14 Fla. Law Weekly, Supp. 326 (Fla. 7th Cir. Vol. Co. 2007) Successful in petition for Writ of Certiorari from the Circuit Court, which quashed the Department of Highway Safety & Motor Vehicle's  order suspending petitioner's driving privilege, and obtaining  order restoring driving privilege.
  • State v. McFadden, Case No. 2004-35048 (Fla. 7th Cir. Vol. Co., Dec.  11, 2006) Successfully obtained reinstatement of probation, continued withhold of adjudication (no judgment of conviction) after defendant's violation of probation. 
  • State v. Morgan, Case No. 2004-37486 CFAES; (Fla. 7th Cir. Vo. Co., November 17, 2006) Successfully secured a 15-month reduction of a 6-year sentence arising from a DUI manslaughter conviction. 
  • State v. Morgan, Case No. 2004-37486 CFAES; (Fla. 7th Cir. Vol. Co., July 6, 2006) Successfully obtained a full day furlough of inmate convicted of second-degree felony for attendance at funeral of relative.
  • Stites v. State, 861 So. 2d 681 (Fla. 5th DCA 2003) Reversed lower court's order summarily denying defendant's 3.850 motion for post-conviction relief and remanded for evidentiary hearing on ineffective assistance of counsel claim.
  • State v. Stites, Case No. 98-31201-CFAES.  Court granted defendant's motion for reduction of sentence and substantially reduced his sentence.
  • Executive Order #2006C-258 Successful Restoration of Civil Rights, State of Florida, Office of the Governor, restored June 15, 2006.  Pursuant to the Governor's authority under Article IV, Section 8, of the Florida Constitution, client was granted the restoration of his civil rights after being convicted of second and third degree felony.
  • State of Florida v. Johnson, Case No. 2003-55651 and 2003-23355, (Fla. 7th Circuit May 2006).  Successfully set aside two separate convictions of Driving While License Suspended, eliminating client's status as a "habitual offender," and allowing client to successfully reinstate driver's license.

CIVIL

  • Aqua Sun Inv. Inc., v. 3-T Inv. Inc., Case No. 2003-31160 (Fla. 7th Cir. Vol. Co. Jan. 2009) Successfully obtained judgment for $4,000. 
  • Aqua Sun Inv. Inc., v. 3-T Inv. Inc., Case No. 5D08-625 (5th DCA 2009)  Successfully obtained joint stipulation dismissing appeal and agreeing to pay attorney's fees incurred. 
  • Nord v. Palmer College, Case No. 2008-35224 (Fla. 7th Cir. Vol. Co. Mar. 2009)  Successfully obtained full payment for pest control services rendered to Palmer College. 
  • Aqua Sun Inv., d/b/a Klassix Auto Museum v. Kruse International, Inc.,  14 Fla. Law Weekly, Supp 1047a ( Fla. 7th Cir. Vol. Co. 2007) Successfully represented the "King of Kustomizers" George Barris, the original designer of the Batmobile,  in the nationally known lawsuit.  In addition to obtaining a judgment completely vindicating client, and obtained and recorded a substantial judgment for attorney's fees and costs.  
  • Giorno v. Volusia Soil & Water Conservation District, Case No. 5D07-429 (Fla. 5th DCA Mar. 29, 2007) Successful in obtaining dismissal of appeal on behalf of Volusia Soil and Water Conservation District with prejudice that had been filed by a terminated district administrator.
  • Jake and the Fat Man v. Biker Design, Inc., Case No. 5D04-190 (Fla. 5th DCA Dec. 22, 2006) appellate court denied review of an attorney's fee award.
  • Bock v. Crile, 932 So.2d 210 (Fla 5th DCA 2006), Affirmed final judgment finding no liability of client in alleged civil theft and conversion claim.
  • Jake and the Fat Man v. Biker Design, Inc., 919 So. 2d 476 (Fla. 5th DCA, 2005), Obtained dismissal of appeal in complex business litigation.
  • Mitchell King, Inc. v. Joyner, 888 So. 2d 44 (Fla. 5th DCA 2004) Affirmed substantial judgment against sellers for their fraudulent conduct on buyers of real property.
  • Poling v. Palm Coast Abstract & Title, Inc., 882 So. 2d 483 (Fla. 5th DCA 2004) Affirmed striking of pleadings and final default money judgment because of party's willful refusal to comply with court orders.
  • Vaughn v. Munn, 826 So. 2d 1094 (Fla. 5th DCA 2002) Affirmed jury verdict finding liability in sale of house which had termite damage.
  • Snedeker v. Lighthouse Realty Group, Inc., 773 So. 2d 109 (Fla 5th DCA 2001) Affirmed award of attorney's fees resulting from voluntary dismissal. 
  • Bock v. Crile, Red Helicopter, Inc., Case No. 5D05-2475 (Fla. 5th DCA June 20, 2006).  Affirmed final judgment of no monetary recovery in civil theft and conversion action.  
  • Delco Oil Inc. v. Old Tyme General Store of Edgewater, Inc., 791 So. 2d 487 (Fla. 5th DCA 2001).  Affirmed substantial money judgment in breach of contract action.