Thirty-eight lawyers were recognized across nineteen distinct practice areas, and thirteen attorneys were recognized as Ones to Watch.

Two of our attorneys received “Lawyer of the Year” honors. Miami Office Managing Director Mitchell A. Bierman was recognized for his work in Administrative / Regulatory Law in Miami, and Partner Michael J. Kurzman was recognized for Litigation – Construction in Fort Lauderdale.

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami, FL

• Lillian Arango (Real Estate Law)
• Mitchell A. Bierman (Administrative / Regulatory Law, Government Contracts)
• Maria Victoria Currais (Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation, Public Finance Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law, Real Estate Law)
• Jessika Arce Graham (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
• Edward G. Guedes (Appellate Practice)
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate, Real Estate Law)
• Justin Luger (Commercial Litigation)
• Edward O. Martos (Land Use and Zoning Law)
• Anthony L. Recio (Land Use and Zoning Law)
• Paul Ryder (Employment Law – Management)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice)
• Laura K. Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management, Government Relations Practice)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Kelsie M. Elmer (Ones to Watch: Real Estate Law)
• Stephanie Herbello (Ones to Watch: Land Use and Zoning Law)
• Judelande Jeune (Ones to Watch: Municipal Law)
• Pooja Patel (Ones to Watch: Litigation – Labor and Employment)
• Emma Rodgers (Ones to Watch: Real Estate Law)
• Katharine Rodriguez-Wilson (Ones to Watch: Real Estate Law)
• Roger C. Pou (Ones to Watch: Municipal Law)
• Blayne Yudis (Ones to Watch: Commercial Litigation)

Fort Lauderdale, FL

• Daniel L. Abbott (Commercial Litigation, Litigation – Land Use and Zoning)
• Candice Balmori (Land Use and Zoning Law)
• Mitchell J. Burnstein (Commercial Litigation, Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation, Government Relations Practice, Municipal Law)
• Anne R. Flanigan (Commercial Litigation)
• Alicia Gonzalez (Eminent Domain and Condemnation Law, Real Estate Law)
• Michael J. Kurzman (Construction Law, Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Matthew J. Pearl (Community Association Law)
• Lori Smith-Lalla (Municipal Law)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law, Municipal Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Bryan C. Siddique (Ones to Watch: Commercial Litigation) 
• Michael A. Weitzner (Ones to Watch: Litigation – Labor and Employment

Boca Raton, FL

• Howard D. Dubosar (Commercial Litigation, Litigation – Banking and Finance, Litigation – Bankruptcy)
• Rana M. Gorzeck (Real Estate Law)
• Andrew S. Maurodis (Land Use and Zoning Law, Municipal Law)
• Debra Reese (Land Use and Zoning Law)
• Brett J. Schneider (Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment)
• David N. Tolces (Municipal Law, Real Estate Law)
• Erica Hausdorff (Ones to Watch: Commercial Litigation)
• Jeremy S. Rosner (Ones to Watch: Commercial Litigation)

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Anne and Daniel represented Orlando business law firm Latham Luna Eden and Beaudine LLP, which was awarded $1,012,469.99. 

U.S. District Judge K. Michael Moore adopted a report and recommendation from U.S. Magistrate Judge Jacqueline Becerra that determined a charging lien from the law firm should be enforced against the Orlando firm’s client.

Responding to six objections against the report and recommendation, Judge Moore said each was “without merit.” 

The initial lawsuit was a negligence case originating more than 20 years ago, involving illegal removal of mangroves. 

Click here to read the Law360 article. 

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Congratulations to partner Daniel Abbott and associate Anne Reilly on their successful litigation win in representing the City of Hollywood. The case involved a defendant who sued the City of Hollywood on a state law false arrest claim. After a four day jury trial in Federal District Court, the jury returned a full defense verdict.

The post Daniel Abbott and Anne Reilly Win Litigation case in Federal District Court appeared first on Weiss Serota Helfman Cole + Bierman.

Just this week, the City Council for Marco Island voted to re-hire the Firm as City Attorney.  Weiss Serota Helfman served as City Attorney in Marco Island from 2008-2011, with Alan Gabriel sitting as the City Attorney.  After the brief hiatus, Marco Island returned to the Firm, and Alan Gabriel will once again sit as the City Attorney.

Marco Island, a popular tourist destination, is a lovely municipality on the West Coast of Florida.  It is home to approximately 17,000 full time residents. 

Managing director Jamie Cole expressed his congratulations to the team responsible for bringing Marco Island back to the firm.  Alan Gabriel took the reins with a dedicated group behind him including Richard Weiss, Brett Schneider, Dan Abbott, Anthony Soroka, and Paul Gougleman. 

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The cities argued that the Interlocal Agreement required millions of dollars in assets to be shared with the 26 cities who were partners in the system.  At stake was the cash and real property assets of the system that the County was holding.  The cities that are plaintiffs in the lawsuit are Sunrise, Weston, Hollywood, Fort Lauderdale, Lauderhill, Lauderdale-by-the-Sea, Lighthouse Point, Tamarac, Davie, Plantation, Coconut Creek, Deerfield Beach, Miramar, Margate, Coral Springs, Cooper City, North Lauderdale and Southwest Ranches.

The post Cities Get Cash From Trash Feud Settlement appeared first on Weiss Serota Helfman Cole + Bierman.

The Cities and County are parties to “An Interlocal Agreement with Broward County for Solid Waste Disposal Services (the “ILA”)”, an agreement between 26 municipalities (the “Contract Communities”) and the County. The Cities are some of the Contract Communities. The ILA provided for the creation of the Broward Solid Waste Disposal District (the “District”) in November 1986.

The District is governed by the Resource Recovery Board (the “RRB”), which prior to July 3, 2013, was last comprised of eight municipal elected officials and one county elected official. The Broward County Board of County Commissioners has since become the RRB.

The ILA required that the Cities, and the Cities did, enact “flow control” ordinances, requiring all solid waste generated within their respective boundaries to be collected, transported, delivered, and disposed of at designated District waste disposal facilities. The “tipping fees” (the fees charged to dispose of solid waste at the disposal facilities) were used to finance the startup, maintenance, and continued operation of the District, including the debt service for revenue bonds issued by the County to finance District operations.

The ILA provided that the RRB is responsible for distributing the District’s assets and liabilities at the end of the term of the ILA, which is July 2, 2013. Article 15.2 of the ILA states:

“Resource Recovery Board shall provide for the equitable distribution of the Broward Solid Waste Disposal District’s assets and liabilities to the Contract Communities, unincorporated County and County at the end of the term of this Agreement. The Resource Recovery Board shall consider any perpetual maintenance responsibilities of the County in making such distribution.”

The County has rejected the RRB’s direction to have a Financial Audit and Legal Review conducted, which would have analyzed the ownership, funding, appropriate distribution of system assets, and assignment of system liabilities, thus effectively preventing the RRB from carrying out its equitable distribution duties under the ILA and forcing the Cities to bring this lawsuit.

This action seeks a declaration that the monetary assets of the District are subject to equitable distribution to the Cities, and that real property, improvements and other assets are equitably owned by the District and also subject to equitable distribution to the Cities (Counts I and II). In addition, the Cities seek an equitable accounting to determine the scope of District assets subject to equitable distribution (Count III). The Cities also claim that the County’s actions have resulted in unjust enrichment (Count IV). Finally, the Cities seek an injunction to prevent further confiscation of District assets by the County, and further efforts by the County to impair the value of District assets (Count V).

As of early August, WSH now represents seventeen (17) municipalities in this lawsuit against the County. Additional information can be found at http://www.rrbassetlitigation.com?utm_source=rss&utm_medium=rss.

Attorneys in WSH’s Litigation Division have extensive experience representing municipalities in all phases of litigation. The Division specializes in cases involving complex constitutional law issues, common law claims, and tort liability. The Division operates with a boutique, team-oriented approach to service our public sector clients. Our clients benefit from our extensive knowledge of specialized substantive subject matters including government contracts, municipal aw, zoning and land use, commercial law, business law, real estate, employment and labor law, civil rights, election law, eminent domain, environment law and ADA accessibility, as well as a wide array of State and Federal constitutional challenges. In addition, our Local Government  Division includes many former city and county attorneys, including those that are Board Certified in this specialty; the group focuses upon providing the full range of legal services as both city hall and the courthouse.

Author(s): Jamie A. Cole

The post WSH Represents Seventeen Municipalities in High Profile Dispute with Broward County appeared first on Weiss Serota Helfman Cole + Bierman.

Louis and Wendy Navellier own an ocean-front home in Manalapan, Florida. In 2005, they had constructed a pool cabana on their property. The cabana was constructed without required Town approvals (such as building permits). In addition, the cabana was constructed within the side-yard setback area.

The Navelliers applied for a side yard setback variance, which the Town denied. After the appeals to the denial to the variance were concluded in the Town’s favor, the Town issued the Navelliers a notice of violation.

The Navelliers filed a multi-count complaint against the Town and 6 of its then Town Commissioners, generally alleging: (1) the setback ordinance is an unconstitutional infringement upon property rights; (2) the criteria for granting variances in the Town’s Code are unconstitutionally vague; and (3) both the denial of the requested variance and the issuance of the notice of violation violated the Navelliers equal protection rights. The Navelliers contended that other, similarly situated homeowners were in violation of the setback ordinance, but were not issued citations, and other, similarly situated property owners were granted variances from the setback requirements, but the Navelliers were not. The Navelliers contended that the reason for this disparate treatment was long-standing animosity between the Navelliers and Town officials.

Circuit Court Judge Glen Kelly granted Defendants’ motion for summary judgment on issues (1) and (2), above. The equal protection case was tried before a jury for 9 days. They returned a defense verdict.

The Navelliers’ appealed, and the fourth DCA affirmed the judgment for the defendants, per curium.

Chaired by Matthew H. Mandel, WSH’s Litigation Division routinely represents private businesses, individuals and municipalities at every level of the justice system.  We have extensive experience defending municipalities and governmental agencies in all areas of liability, and specialize in cases involving negligence, tort liability, complex constitutional law issues, sovereign immunity, qualified immunity, civil rights, torts and common law claims.  Our Appellate Practice Group, led by Edward G. Guedes, handles dozens of appeals generated by our trial practice. 

Author(s): Daniel L. Abbott

The post WSH Obtains Appellate Victory For Town of Manalapan appeared first on Weiss Serota Helfman Cole + Bierman.

Our Litigation Division represents a broad spectrum of clients in both the private and public sectors. Led by senior litigators Joseph H. Serota, Michael S. Popok, Jamie A. Cole, Daniel L. Abbott, and Matthew H. Mandel, we try cases of front of juries, judges, administrative panels, arbitrators and appellate panels. Two of our trial teams simultaneously tried jury cases to successful conclusions in Palm Beach and Miami-Dade Circuit Courts. In one, we obtained a jury verdict in favor of one of the owners of a legendary South Florida restaurant in a $20 million lawsuit involving claims for breach of contract and breach of fiduciary duty. In the other, we obtained a $5 million settlement midway through the trial of a complex construction matter involving a city’s public library. Few firms in South Florida can claim the breadth of experience and talent to win two high profile cases at the same time. In the event that a verdict must be appealed, we boast a stellar Appellate Practice Group chaired by Edward G. Guedes, who is Board Certified in Appellate Law.

You can read a copy of the Model Instructions here.

Author(s): Brooke P. Dolara

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The attorneys in our Local Government Law Division include many former city and county attorneys practicing day-to-day municipal law. We draft thousands of resolutions and ordinances every year; we strive to draft legislation that is both understandable to the general public and able to survive legal challenge. The Division focuses on providing the full range of necessary legal services at both city hall and the courthouse. Our Litigation Division employs more than 20 litigators and trial attorneys operating with a boutique, team-oriented approach to service our public and private sector clients. Our experience with municipal litigation is extensive; we defend municipalities and governmental agencies in all areas of liability.

To read more about the trial victory, please click here.

Author(s): Jamie A. Cole

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