Published Cases

Scott J. Edwards, P.A. has successfully represented its clients in a wide range of appeals, covering many areas of the law. Successful appeals on behalf of our clients include:

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Neighborhood

New Horizons Master Condominium Association v. Harding (Fla. 3d DCA 2022)

The firm’s client, a master condominium association, obtained reversal on appeal of a summary judgment improperly entered against it by the trial court. The appellate court held that the trial court erred by failing to apply the business judgment rule.

Stern v. Department of Business and Professional Regulation (Fla. 4th DCA 2021)

The firm successfully obtained a reversal on appeal on behalf of its client, whose real estate license was wrongfully revoked by the Florida Department of Business and Professional Regulation.

Real estate
Reaching a Deal

Universal Property & Casualty Insurance Company v. Otto (Fla. 4th DCA 2021) (per curiam affirmed)

The firm’s client successfully obtained a verdict against their property insurance company in the trial court. The jury found that the insurance company failed to pay the full amount of the client’s damages following a water loss at her condominium. The jury’s verdict was affirmed on appeal.

Patchen v. Quadomain Condominium Association (Fla. 4th DCA 2020)

The firm’s client, a condominium association, obtained injunctions against a unit owner to allow the association to perform restoration work on the unit’s balcony. The injunctions were affirmed on appeal.

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Judge Gavel

Pansky v. Barry S. Franklin & Associates (Fla. 4th DCA 2019)

An order improperly transferring the firm’s client’s ownership interests in a limited liability company to a creditor was successfully reversed on appeal. The trial court’s order violated Florida law which provides that a charging order is the exclusive remedy by which a judgment creditor can seek to collect against a debtor’s ownership interest in an LLC.

Roulo v. Paul Davis Restoration, Inc. (Fla. 2d DCA 2019) (per curiam affirmed)

The firm’s client, along with other co-defendants, successfully moved to dismiss a plaintiff’s suit in a condominium dispute as a sanction. The plaintiff violated several discovery orders, including failing to appear for her deposition. The denial of plaintiff’s motion to vacate the judgment on dismissal was affirmed on appeal in favor of the firm’s client.

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Building

Charterhouse Associates v. Valencia Reserve Homeowners Association (Fla. 4th DCA 2018)

Summary judgment entered against clients successfully reversed on appeal. In a homeowners’ association case, the association’s board created a rule forbidding residents from working out with their own personal trainers at the community fitness center. The board’s rule only allowed residents to work out with the personal training company hired by the association. The firm’s clients successfully challenged the rule on appeal, because the terms of the association’s declaration explicitly allowed residents to invite guests to accompany them to the fitness center.

Stewart Agency, Inc. v. The Standard Fire Insurance Company (Fla. 15th Cir. App. Div. 2017).

Summary judgment entered against clients successfully reversed on appeal. In an automobile property insurance case, issues of fact remained as to whether the insurance company paid the full value of the loss to the vehicle covered under the policy.

White Cars
Front of Car

Swift Investments v. Allstate Property & Casualty Insurance Company, (Fla. 15th Cir. App. Div. 2017).

Summary judgment entered against clients successfully reversed on appeal. In an automobile property insurance case, the trial court erred in concluding that the insureds breached an appraisal requirement in the insurance policy as a matter of law.

Ramirez v. Palm Beach County School District (Fla. 1st DCA 2014) (per curiam affirmed).

In a worker’s compensation case, affirming the judge of compensation claims’ determination that the claimant was not an employee at the time of her injury, and therefore could not claim worker’s compensation benefits.

Accessories
Camera for filming TV show

Van Vechten v. Elenson (S.D. Fla. 2013)

Summary judgment granted in favor of clients, producers of a reality television show, finding that negligence claims brought by reality show participants were barred by the releases executed by the participants.