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Laura Wendell & Eric Stettin Secure Significant Workers Comp Win from First District Court of Appeal

Laura Wendell, as lead appellate counsel, along with Eric Stettin, secured from the First District Court of Appeal a significant workers compensation win.  Last week, the Court denied rehearing, certification and rehearing en banc on its decision which reversed a final compensation order on behalf of the City of Homestead.  The claimant had relied on the statutory presumption of compensability under the Heart-Lung Bill, by which a law enforcement officer whose medical condition is caused by heart disease is entitled to a presumption that his condition is compensable, provided that the officer successfully underwent a physical upon entry into his position as a law enforcement officer. The Court clarified unsettled law in rejecting the argument that the City had waived the statutory prerequisite and that a twenty-one month old physical examination sufficed.  Here is a link to the opinion-https://bit.ly/2L1djgy

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Appellate Groups Wins Election Law Appeal on Issue of First Impression

The litigation team of Matt Mandel, John Quick and Ed Guedes scored a significant victory on behalf of Bal Harbour Village in a lawsuit and appeal raising significant election law issues.  A group of Village residents who sought to amend the Village Charter by referendum submitted two proposals to the Village Clerk with what purported to be the requisite number of signatures of registered voters.  One referendum sought to impose a super-majority requirement on public votes to approve the sale of any Village-owned lands, while the other sought to impose the requirement of a public vote on certain commercial development approvals, thus taking the approval process largely out of the hands of the Village Council.  Both petitions arose from a proposed expansion of the Bal Harbour Shops.  The Village Clerk declined to forward the petitions to the County Supervisor of Elections, contending that the Village’s requirements for a proper petition had not been met; and the residents filed suit under section 166.031, Florida Statutes, seeking mandamus, declaratory and injunctive relief.

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Categories: Appellate Law & Practice
Tags: Fort Lauderdale Appellate Law AttorneysMiami Appellate Law Attorneys

Firm Defends Red Light Camera Programs Statewide At Florida Supreme Court

On Wednesday, February 7, 2018, the Florida Supreme Court heard oral argument in Jimenez v. City of Aventura, an appeal raising broad constitutional challenges to the red light camera program of Firm client, the City of Aventura. Firm Member and chair of the Appellate Practice Group, Edward Guedes, and firm partner, Samuel Zeskind, had teamed up to obtain a very favorable decision for the City from Florida’s Third District Court of Appeal, having convinced the intermediate appellate court to depart from an existing precedent from a sister district court of appeal. When the ticketed defendant sought review at the Florida Supreme Court, the court accepted jurisdiction.

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Laura Wendell and Susan Trevarthen Get Attention of U.S. Supreme Court in Scenic America v. U.S. Department of Transportation

On behalf of Scenic America, Inc., Partner Laura Wendell and Member Susan Trevarthen presented a petition for writ of certiorari to the United States Supreme Court in December, 2016.   The Court was intrigued.  In unusual moves, the Court called for responses from the government, called for Scenic America to file a reply and all told, distributed the petition for conference a total of four times.  In the end, on October 16, 2017, the Court denied the petition.  In announcing the denial, the Court issued a rare statement, authored by Justice Gorsuch and joined by Chief Justice Roberts and Justice Alito.  Although ultimately persuaded that certiorari should be denied because the case itself came with "difficult and close" jurisdictional questions that would complicate the Court's efforts to reach "the heart of the matter," Justice Gorsuch wrote to address the importance of the legal issue presented in the petition. [link to statement]

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Categories: Appellate Law & Practice
Tags: South Florida Appellate Law Attorneys

Matthew Mandel & Edward Guedes Obtain Written Ruling from Eleventh Circuit Affirming Dismissal

Congratulations to Members Matthew Mandel & Edward Guedes on obtaining a written ruling from the Eleventh Circuit affirming the dismissal of a facial constitutional challenge of a Lauderhill city ordinance that mandated inspections in order to be able to rent residential properties.

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Categories: LitigationAppellate Law & PracticeMunicipal Litigation
Tags: Municipal Government

WSH Earns Significant Appellate Victory Establishing Legality of City's Red Light Camera Program

Edward Guedes (Chair of the Firm’s Appellate Practice group and lead appellate attorney for the City of Aventura in this case), Matthew Mandel, Samuel Zeskind, and Adam Schwartzbaum all ­­­­­­­­­­­­­obtained a significant appellate victory in the Third District Court of Appeal, which held that the City of Aventura’s Red Light Camera program is legal.

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Categories: Appellate Law & Practice
Tags: Miami Appellate Law Attorneys

Ed Guedes Secures Appellate Win for Publix Supermarkets

Member & Chair of the Firm's Appellate Practice group Edward Guedes was retained by Publix Supermarkets after it had been found liable by a jury in a premises liability case. 

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Categories: Appellate Law & Practice
Tags: Edward G. Guedes

Laura Wendell Serves as Moderator for the Dade County Bar Association’s Fall Seminar

On October 29, 2015,  Partner Laura K. Wendell served as moderator for the Dade County Bar Association’s Fall Seminar at the Third District Court of Appeal, entitled “Best Practices for Oral Argument.”

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Categories: Appellate Law & Practice
Tags: Laura K. Wendell

Florida Supreme Court affirms the circuit court’s decision to validate the Clean Energy Coastal Corridor

On October 1, 2015, the Florida Supreme Court affirmed the circuit court’s decision to validate the Clean Energy Coastal Corridor (the “Coastal Corridor”) bonds, which are to be issued in order to fund energy efficient, renewable energy and wind resistant improvements (the “Qualifying Improvements”) pursuant to Section 163.08, F.S. (the “PACE Statute”). 

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Categories: Appellate Law & Practice
Tags: Jeffrey DeCarloChad S. FriedmanEdward G. Guedes

Miami-Dade School Board Win

On April 8, 2015, the Firm achieved a significant victory on behalf of the Miami-Dade County School Board in a case that stood to reshape a school district’s legal duty to supervise children at school. 

 

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Categories: LitigationAppellate Law & Practice
Tags: Edward G. GuedesMiami Litigation Attorney
Author(s): Ed Guedes