Business & Contract Actions
1. McAfee Enterprises, Inc. V. 6006, Inc., Case No. 16-2006- CA-477 (Cir. Ct. Duval County). As lead counsel, successfully obtained a jury verdict awarding real estate broker the full commission for producing a buyer ready, willing and able to complete purchase of listed property. Later affirmed on appeal.
2. Stein v. Miss Franie’s, Inc., 417 So. 2d 726 (Fla. 1st DCA 1982). Commercial shopping center lessor (represented by Mr. Lindell) obtained reversal of trial court ruling denying recovery against individual defendants under separate guaranty of lease despite ambiguity in the capacity in which guaranty was signed.
3. Jacksonville Shipyards, Inc. v. Department of Natural Resources, 466 So 2d 389 (Fla. 1st DCA 1985). Shipyard owner (represented by Mr. Lindell as co-counsel) obtained ruling from District Court of Appeal directing the Department of Natural Resources issue shipyard owner a disclaimer (title) to 17.3 acres of submerged lands in the St. Johns River contiguous to the shipyards upland property.
4. The Hubbard Association, Inc. v. Eastpoint Water and Sewer District, Case No. 87-14 (Cir. Ct. Franklin Co.). As lead counsel, obtained jury verdict for engineering firm in dispute with local water and sewer district. Affirmed on appeal.
5. Shannon v. Standard Graphics, Case No. 89-6079 (Cir. Ct. Duval Co.). As lead counsel, obtained jury verdict allowing commercial printing company to cancel its commercial equipment lease based upon product defects and the demonstration of a close business relationship between the finance lessor and the equipment vendor. Affirmed on appeal.
6. Kowmar, Inc. v. Davis Development & Inv. Co., Case No. 98-1798- CA (Cir. Ct. Duval Co.). As lead counsel, successfully defended at trial against suit by judgement creditor to pierce the corporate veil of client’s corporation. Affirmed on appeal.
7. Wiegert v. Automobili Lamborghini USA, Inc., Case No. 01-02747 (Cir. Ct. Duval Co.). As lead counsel, successfully defended at trial the rights of Lamborghini’s U.S. distributor to possession of one-of- a-kind prototype “Vector” racing vehicle. Affirmed on appeal.
8. Concept Development Assoc. of M.D., Inc. v. Ames Safety Envelope Co., Case No. 97-1334- CIV-J- 20C (U.S. Dist. Ct. – Jax.). As lead counsel, successfully defended against product liability claim in excess of $3 million based upon alleged defective packaging furnished by our client.
9. Jacksonville Beach Plaza, Inc. v. Century Housewares, Inc., Case No. 83-25- CIV-JB (U.S. Dist. Ct. Jax.). As lead counsel successfully recovered at trial in federal court the full balance owed under commercial shopping center lease.
10. Confidential Settlement (1995) – Successfully obtained high six figure recovery at mediation in lender liability suit on behalf of homeowner who was wrongfully dispossessed of sailing vessel/residence after bank’s obtaining void deficiency judgment in separate foreclosure action.
11. Doe v. Roe: Real Estate Non-Disclosure/Fraud case. Sellers failed to disclose that property experienced severe flooding during periods of heavy rain. Represented buyers and obtained six figure verdict based on difference between what buyers paid for the property and what it was actually worth after the severe flooding problems were taken into account. A confidential settlement followed verdict prior to entry of judgement.
12. Doe v. Roe: Client sued by title insurance carrier for signing warranty deed in connection with the sale of large commercial property which wound up being encroached upon by building which client had built in connection with development of an adjoining parcel. Shifted 100% of damages assessed against client to malpractice carrier of surveyor who failed to detect encroachment prior to sale and malpractice carrier of client’s former attorney, who prepared warranty deed for client’s signature while failing to recollect that he had previously prepared title documents effectively conveying land surroundings encroaching building to another party.
13. Lattuca v. Genesis Electronics, Inc., Genesis Electronics Group, Inc., and Raymond Purdon, Case No.: CA10-1547 (Cir. Ct. St. Johns Co.). As lead trial counsel, successfully obtained a jury verdict awarding former executive officer compensatory damages, punitive damages and attorney’s fees totaling in excess of $297,000.00 by reason of defendant’s fraudulent actions and inducing clients initial employment, then terminating client, and then refusing to honor stock options given as part of client’s compensation package.
1. T.G. Utility Company, Inc. v. The 3310-Land Trust, Case No. 33 110 Y 0058 06 (American Arbitration Assoc.). Utility contractor (represented by Mr. Lindell and Mr. Gannam) successfully obtained construction lien award of $618,000 plus after five day arbitration trial in which the owner denied liability and asserted counterclaims for both compensatory and punitive damages.
2. Oceania JB Developers, L.C. v. Foley & Associates Construction Co., Case No. 33 110 00368 02 (American Arbitration Assoc.). As lead counsel, successfully presented developer’s claims for defects in condominium project constructed by the respondent at five day arbitration trial.
3. A.N. Drew v. Rosander, Case No. 91-1215- CA (Cir. Ct. Duval Co.). As lead counsel, successfully defended homeowners at trial against contractor’s claim for additional compensation and recovered full amount of homeowners’ counterclaim.
4. Grimes Contracting, Inc. v. Parrish Service, Inc. et. al.: Represented subcontractor lien holder in lien foreclosure action against general contractor and homeowner. Title insurance carrier for junior mortgage holder claimed “equitable subrogation” in pre-suit negotiations and offered less than 1/4 of the value of the lien for “full release of lien, take or leave it.” Went forward with suit, title carrier and general contractor wound up settling claim for entire amount of lien and almost entire amount of client’s attorneys’ fees and costs associated with bringing the action.
1. S.D.S. Autos, Inc., DBA Lexus of Jacksonville v. Chrzanowski, 982 So. 2d 1 (Fla. 1st DCA 2007). Trial court’s order certifying a class (represented by Mr. Lindell) consisting of all purchasers or lessees of motor vehicles from the defendants who paid an improperly disclosed dealer fee affirmed on appeal resulting in later global settlement on behalf of certified consumer class.
2. S.D.S. Autos, Inc., DBA Lexus of Jacksonville v. Chrzanowski, 976 So. 2d 600 (Fla. 1st DCA 2007). Trial court’s order voiding mandatory arbitration clauses in lessees’ (represented by Mr. Lindell) motor vehicle leases on the basis of unconscionability affirmed on appeal.
3. Mathis v. Medi-Chair, LLC., Case No.: 2015-CA- 1050, (Cir. Ct, Hernando Co.) Successfully invalidated Arizona judgment entered against elderly Florida resident based upon Arizona court’s denial of due process to client. Affirmed on appeal.
4. Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). In case of first impression in Florida, the District Court of Appeal held that where automobile dealer (represented by Mr. Lindell) effectively disclaims all warranties in connection with the sale of a vehicle that revocation of acceptance is not a remedy available to the buyer under the Uniform Commercial Code for alleged defects in the vehicle itself.
5. Filer v. Frank Griffin Volkswagen, Inc., Case No. 90-7933- CA (Cir. Ct. Duval Co.). As lead counsel, successfully defended local car dealer against multiple consumer protection claims after five day jury trial, with an award of attorney’s fees to the dealer.
6. Sellers v. Frank Griffin AMC Jeep, Inc., et al., 526 So.2d 147 (Fla. 1st DCA 1988). Motor vehicle dealer (represented by Mr. Lindell) successfully obtained ruling from the District Court of Appeal denying vehicle lessee the right to revoke acceptance based upon a finding that a closed end lease of a motor vehicle was not subject to the warranty provisions of the Federal Magnuson-Moss Act.
7. Dorminey v. Commercial Recovery Systems, Inc.: Suit against debt collector for calls to client’s place of work without permission. Case settled for sufficient funds to pay off underlying debt, plus over $600 to client, with debt collector paying clients’ attorneys’ fees and costs for bring suit.
8. Newman v. Hillcrest, Davidson & Assoc., LLC: Suit against debt collector for failure to cease contact after being contacted by attorney and threatening client with legal actions that debt collector could not legally take. Case settled for forgiveness of underlying debt and payment by debt collector of clients’ attorney fees and costs for bringing suit.
1. Brown & Stanford Co. v. Keasler, Case No.: 02-CA- 07557 (Cir. Ct. Duval Co.). Obtained jury verdict against former corporate counsel for counseling the sale of corporate assets to a new corporate entity owned by the majority shareholder over the objection of minority shareholders. Verdict in excess of $900,000.00 plus
2. Driggers et. al v. Ronnie E. Robinson et.al, Case No.: 207-CA- 1841 (Cir. Ct. Clay Co.). Successfully defended majority shareholder at trial against personal liability for alleged failure to honor appraisal rights of minority shareholders exonerating defendant from a claim in excess of $143,000.00.
3. Brown v. Manning, Case No. 87-13704- CA (Cir. Ct. Duval Co.). As lead counsel, obtained jury verdict for shareholder of boat retailer in derivative action against majority shareholder for usurpation of corporate opportunities.
4. Lane v. Lane, Case No. 02-05469- CA (Cir. Ct. Duval Co.). As lead counsel, successfully confirmed at trial client’s 50% ownership interest in multi-million dollar Bobcat equipment business. Affirmed on appeal.
Fraud & Misrepresentation Cases
1. Wilkinson & Parry v. TSC, LLC, et al., Case No. 16-2008- CA-004043 (Cir. Ct. Duval Co.). As lead counsel, successfully recovered at trial on behalf of sellers of restaurant business the unpaid purchase price against defenses and counterclaims based upon alleged fraud in connection with the sale. Appeal dismissed.
2. Confidential Settlement (2007) – On behalf of purchaser of luxury residence successfully obtained six-figure recovery at mediation from seller for concealed defects.
3. Confidential Settlement (2008) – Successfully obtained six-figure recovery at mediation on behalf of purchaser of upscale country club residence from seller who concealed known water damage – after court had authorized a claim for punitive damages.
4. Lattuca v. Genesis Electronics, Inc., Genesis Electronics Group, Inc., and Raymond Purdon, Case No.: CA10-1547 (Cir. Ct. St. Johns Co.). As lead trial counsel, successfully obtained a jury verdict awarding former executive officer compensatory damages, punitive damages and attorney’s fees totaling in excess of $297,000.00 by reason of defendant’s fraudulent actions and inducing clients initial employment, then terminating client, and then refusing to honor stock options given as part of client’s compensation package.
Employment & Non-Compete Cases
1. Xorail, Inc. v. Diana Giddla and Interrail Engineering, Inc., Case No.: 14-CA- 4552 (Circ. Ct. Duval Co.). Successfully defended electrical engineer and her new employer against enforceability of a non-compete agreement signed at her previous of employment after a two day evidentiary hearing.
2. Gradwell v. Haverty’s Furniture Companies, Inc., Case No. 78-173- CIV-JB (U.S. Dist. Ct. – Jax.). As lead counsel, successfully defended at trial against class action civil rights claims asserted on behalf of female employees of nationwide furniture company.
3. Gurkin v. Ricks Gurkin v. Ricks, Case No. 97-01369- CA (Cir. Ct. Duval Co.). As lead counsel, successfully defended at trial against former employer’s suit to enjoin client’s employment by competitor.
4. Matrix Employee Leasing, Inc. v. Montenegro, Case No. (Cir. Ct. Duval Co.). Employee leasing company (represented by Mr. Gannam) successfully obtained temporary injunction against former employee enforcing non-competition and non-solicitation agreement. Temporary injunction affirmed on appeal.
5. Matrix Employee Leasing, Inc. v. Thomas, et al., Case No. 16-2008- CA-008605 (Cir. Ct. Duval Co.). Employee leasing company (represented by Mr. Gannam) successfully enforced non solicitation agreement against former sales agent by obtaining temporary injunction.
6. P & A Consulting Engineers, Inc. v. Q & A Consulting Engineers, Inc., Case No. CA 08-983 (Cir. Ct. St. Johns Co.). Civil engineer and his firm (represented by Mr. Gannam) successfully defended against former employer’s attempt to enforce a disputed non-competition agreement by temporary injunction.
7. Corp v. Weindruch, 867 So.2d 630 (Fla. 5th DCA 2004). Former employer (represented by Mr. Gannam) successfully appealed trial court award of severance pay to a terminated former employee, obtaining reversal of the trial court judgment.
$500,000 recovery– A young woman involved in a T-bone collision sustained permanent injury to her spine resulting in the necessity of on-going pain management care. The insurance company refused to meet our demands so suit was filed against the at-fault driver. Under the pressure of aggressive litigation, the insurance company eventually settled for five times the at-fault driver’s insurance policy limits.
$350,000.00 recovery – A woman involved in a rear end collision sustained cervical and lumbar injuries that required surgical Intradiscal Electrothermal Neucloplasty (IDET) at L4-5. Both the UM and at-fault driver’s insurance carriers refused our client’s claims. Through aggressive litigation we were able to obtain both policy limits.
$675,000.00 + recovery – A woman reared-ended by a commercial vehicle whose driver was distracted by his cell phone sustained injuries to her spine. She required surgery to implant a spinal cord stimulator. Through litigation we were able to obtain both policy limits from at-fault driver’s carrier and our client’s UM carrier.
$1,650,000,000 + recovery – A young mother and her three children were T-boned by a commercial truck that ran a red light. The children sustained injuries from which they were able to quickly recover; however, the mother required two spinal surgeries. We successfully obtained the commercial truck’s insurance policy limits and then succeeded in obtaining the woman’s UM insurance policy proceeds.
$300,000.00 recovery – A woman was rammed from behind by a tractor trailer truck, causing her vehicle to spin into another vehicle. She suffered from spinal pain and depression following the crash. Through litigation we were able to settle her case for $300,000.00
$350,000.00 recovery – A woman suffered injuries to her neck and back when her stationary car was rammed from behind by a delivery truck. She required specialized pain management car as a result. Through litigation we were able to recover from the at-fault driver’s insurance carrier.