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Edward G.GuedesPartner, Chair of Appellate Practice Group
Edward G.
Guedes

Partner

Chair of Appellate Practice Group

Miami
(305) 854-0800
eguedes@wsh-law.com

A Fellow of the prestigious American Academy of Appellate Lawyers and ranked by Chambers USA in appellate law, Ed Guedes is widely known for his representation of business and government clients in high-stakes appeals. His in-depth knowledge and experience were further recognized when he was nominated in 2008 to fill a vacancy on the Florida Supreme Court.

Ed is also Board Certified in Appellate Practice by the Florida Bar. He has litigated dozens of appeal before the Florida Supreme Court, Florida’s district courts of appeal and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property and labor and employment issues.

Ed’s clients span a diverse range of industries, from a national supermarket chain to local governments. He works with each client to develop cost-effective litigation strategies that clarify and shape the law, ultimately advancing their broader business goals.

Ed represented more than 40 city and county governments in defending a $200 million federal class action lawsuit involving red-light camera programs  across Florida. His successful strategy in numerous state court proceedings, which culminated in a unanimous Florida Supreme Court decision upholding the legality of the programs, led to a decisive dismissal of the class action. In another appellate victory, Ed represented the manufacturer of the breath-alcohol testing instrument used in Florida in a legal battle over the company’s source code. Ed’s strategic approach to trial court and appellate proceedings led to a change in existing case law in Florida and establishing new precedent, when the Florida Supreme Court issued a unanimous decision in his client’s favor.

Ed is regularly quoted in the media on his high-profile cases. As a Fellow of the American Academy of Appellate Lawyers, he belongs to an exclusive group of only 350 attorneys who practice at the highest standards of appellate advocacy in the country.

When he is not practicing law, Ed can be found singing with the choir at Miami Beach’s St. Patrick’s Catholic Church.

Professional & Community Involvement

  • Florida Supreme Court Historical Society, President, 2017-2019; Vice-President, 2014-2017; Executive Committee, 2014-present; Board of Trustees, 2011-present
  • The Florida Bar Appellate Court Rules Committee, 2000-2006
  • The Florida Bar ACRC Civil Rules Subcommittee, Chair, 2005-2006
  • The Florida Bar ACRC Amicus Curiae Subcommittee, Chair, 2004-2005; Vice-Chair, 2002-2003
  • Dade County Bar Association Appellate Court Committee, Chair, 2003-2004; Vice-Chair, 2002-2003
  • Third District Court of Appeal 50th Anniversary Committee, Co-Chair, 2004-2007
  • Third District Court of Appeal Historical Society, Founder, 2007; Board Member, 2007-2012
  • Cuban American Bar Association, 1990-present
  • Federal Bar Association, South Florida Chapter, 2009-2012
  • 11th Judicial Circuit Historical Society, Centennial Celebration Committee of 100, 2009-2011
  • Defense Research Institute, Retail and Hospitality Committee, 2010-2014

Awards & Recognition

  • Chambers USA and Partners, Litigation: Appellate – Florida, 2016-present
  • Fellow, American Academy of Appellate Lawyers, 2019-present
  • Best Lawyers in America®, Appellate Practice, 2008-present
  • Florida Super Lawyers, 2006-present
  • South Florida Legal Guide, Top Lawyers, 2013-present
  • Florida Trend’s Legal Elite, 2007, 2013-2014
  • Martindale-Hubbell AV Preeminent Rating
  • South Florida Business Journal, Best of the Bar, 2003

Representative Experience

  • Chief appellate and trial support counsel for a national supermarket chain concerning all of their premises liability cases in South Florida.
  • Obtained favorable unanimous decision from Florida Supreme Court restricting the subpoena power of Florida trial courts to compel out-of-state corporations to produce valuable proprietary documents in Florida and overturning adverse intermediate appellate decisions being applied throughout the state.
  • Overturned on appeal multi-million dollar jury verdict against plastic surgeon in medical malpractice claim asserting negligent design and execution of procedures.
  • Successfully defended multinational corporate manufacturer of breath-alcohol testing instruments used by law enforcement throughout the State of Florida against declaratory judgment action challenging corporation’s ownership of intellectual property associated with the instruments.
  • Successfully defended at trial and through appeal to the United States Supreme Court a municipal charter provision setting forth an oath of office for elected officials. The oath was challenged on First Amendment grounds because it required the office holder to swear or affirm to support the constitutions and governments of the United States and the State of Florida.
  • Successfully litigated on behalf of State and local governmental entities concerning the interpretation of vested rights statute conferring development rights on owners of more than 12,000 residential lots in the Florida Keys and affecting all Areas of Critical State Concern throughout the State of Florida.
  • Successfully litigated and defended on appeal multi-million dollar class action for unpaid overtime waged under the Fair Labor Standards Act.
  • Upheld multi-million dollar ad valorem tax exemption for municipal marina competing with privately owned marinas.
  • Successfully defended against constitutional challenge authority of local governmental entity to regulate and restrict ownership of animals within community.
  • Overturned on appeal a multi-million premises liability verdict with directions to enter directed verdict in favor of his client.
  • Successfully asserted a constitutional challenge to a municipal ordinance precluding private country club from fencing its property over the objections of surrounding neighbors, who asserted a historical right to a view onto and across the club property.
  • Successfully defended constitutional challenge to municipal charter provision allowing for appointment of official to fill vacancy on elected body.
  • Overturned on appeal denial of development approval for 300-unit trailer park in South Miami-Dade County.
  • Overturned on appeal to the Eleventh Circuit Court of Appeals lower court’s injunction halting all limestone mining in the Lake Belt region of South Florida.
  • Overturned on appeal order requiring privately owned hospital under contract with local government to comply with Florida’s public records laws.
  • In case of first impression interpreting statutory burdens of proof, overturned on appeal adverse discovery order requiring supermarket chain to review and divulge tens of thousands of records for more than 1,000 stores.
  • Successfully represented the Cuban American Bar Association as amicus curiae in en banc proceedings before the Eleventh Circuit Court of Appeals in connection with a panel opinion that had vacated the conviction of five Cuban spies operating in South Florida.
  • Wide-ranging experience defending at trial and on appeal against civil rights claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the American with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act and the Florida Civil Rights Act of 1992.

Practice Areas

Admissions

Florida, 1988


U.S. Supreme Court, 1998


U.S. Court of Appeals, Eleventh Circuit, 1996


U.S. District Court for the Southern District of Florida, 1999


U.S. Court of Appeals, Ninth Circuit, 2010


U.S. Court of Appeals, Second Circuit, 2013

Education

Harvard University Law School, J.D., 1988


Amherst College, B.A. in English, magna cum laude, 1985


John Woodruff Simpson Fellowship for the Study of Law

Languages

French


Italian


Spanish

Certifications

Board Certified by The Florida Bar in Appellate Practice, 2004-present

Press Mentions
Presentations
  • Preservation on Appeal, Trial Preparation CLE Seminar, The Florida Bar Association Board of Governors Young Lawyers Division, Miami, October 2009
  • The Opinion is Out…Now What? The Florida Bar Young Lawyers Section seminar, Miami, 2006-2008
  • Balancing Judicial Independence and Accountability, Florida Appellate Justice Conference, 2007
  • The Limits of Quasi-Judicial Actions: Whatever Happened to Ministerial Acts? Zoning and Land Use in Florida Seminar, Lorman Education Services, Miami, 2004
  • Issues in Development Review Processing: A Case Study of Unincorporated Miami-Dade County, Zoning and Land Use in Florida Seminar, Lorman Education Services, 2004
Publications
  • En Banc Eleventh Circuit Vindicates Fairness of Cuban Spies’ Trial In Miami, CABA Briefs, Cuban American Bar Association, Fall 2006
  • Financial Exposure- Is There Relief When a Plaintiff is Authorized to Pry Into a Defendant’s Financial Records? Smart Business Miami, January 2006 (co-author with Arthur J. England, Jr.)
  • Sex-Or is that Gender? How the Federal Courts Have Failed to Develop a Unified Theory for Addressing Workplace Discrimination Claims Related to Sexually Related Status or Conduct, Employment Law Update, Aspen Publishers, 2004
  •  Is there Light at the End of the Quasi-Judicial Tunnel? The Florida Bar Journal, Vol. XXVII, No. 1, November 2003
  • Don’t Ask, Don’t Tell…At Work or in Court – The Conflict Between the Supreme Court’s Decisions in Oncale and Price Waterhouse, The Labor Lawyer, American Bar Association, Vol. 18, No.3, Winter/Spring 2003, 18 the Labor Lawyer 337 (2003)
  • The Proverbial Get Out of Jail Free Card – The Ninth Circuit’s Treatment of Addiction Under Hernandez v. Hughes Missile Systems Co., The Florida Bar Journal, Vol. LXXVI, No. 11, December 2002
  •  Open the Window and Let Some Fresh Air In: The Window of Correction After Davis v. City  of Hollywood, Stetson Law Review, Vol. XXIX, Winter 2000, No. 3
  • Smith v. Midland Brake, Inc. – Writing Affirmative Action into the Americans with Disabilities Act, The Florida Bar Journal, Vol. LXXIII, No. 9, October 1999
Reported Cases
  • City of Aventura v. Stein, — So.3d —, 2020 WL 3443846 (Fla. 3d DCA June 24, 2020)
  • Florida Highway Patrol v. Jackson, ___ So. 3d ___, 2020 WL 370366 (Fla. Jan. 23, 2020)
  • Publix Super Markets, Inc. v. Olivares, ___ So. 3d ___, 2020 WL 88819 (Fla. 4th DCA Jan. 8, 2020)
  • Garcia v. Publix Super Markets, Inc., 282 So. 3d 1019 (Fla. 3d DCA 2019)
  • Megacenter US LLC v. Goodman Doral 88th Court LLC, 273 So. 2d 1078 (Fla. 3d DCA 2019)
  • Consalvo v. Publix Super Markets, Inc., 257 So. 3d 1011 (Fla. 4th DCA 2018)
  • Key Biscayne Gateway Partners, Ltd. v. Village of Key Biscayne, 256 So. 3d 183 (Fla. 3d DCA 2018)
  • Alvarez v. All Star Boxing, Inc., 258 So. 3d 508 (Fla. 3d DCA 2018)
  • Olivera v. Publix Super Markets, Inc., 252 So. 3d 425 (Fla. 3d DCA 2018)
  • Jimenez v. State, 246 So. 3d 219 (Fla. 2018)
  • Publix Super Markets, Inc. v. Bellaiche, 245 So. 3d 873 (Fla. 3d DCA 2018)
  • Lillo v. Publix Super Markets, Inc., 246 So. 3d 334 (Fla. 3d DCA 2018)
  • Mullen v. Bal Harbour Village, 241 So. 3d 949 (Fla. 3d DCA 2018)
  • City of Homestead v. McDonough, 232 So. 3d 1069 (Fla. 3d DCA 2017)
  • City of Cooper City v. Joliff, 227 So. 3d 633 (Fla. 4th DCA 2017)
  • SDE Media, LLC v. City of Doral, 228 So. 3d 567 (Fla. 3d DCA 2017)
  • Edwards. CDS, LLC v. City of Delray Beach, 699 Fed.Appx. 885 (11th Cir. 2017)
  • D’’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017)
  • Florida Carry, Inc. v . City of Tallahassee, 212 So. 3d 452 (Fla. 1st DCA 2017)
  • Indian Creek Country Club, Inc. v. Indian Creek Village, 211 So. 3d 230 (Fla. 3d DCA 2017)
  • Town of Gulf Stream v. Palm Beach County, 206 So. 3d 721 (Fla. 4th 2016)
  • Publix Super Markets, Inc. v. Alvarez, 207 So. 3d 337 (Fla. 3d DCA 2016)
  • Jeudine v. City of Homestead, 208 So. 3d 713 (Fla. 3d DCA 2016)
  • City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016)
  • Parker v. American Traffic Solutions, Inc., 835 F.3d 1363 (11th Cir. 2016)
  • State ex rel City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016)
  • MMMG, LLC v. Seminole Tribe of Fla., Inc., 196 So. 3d 438 (Fla. 4th DCA 2016)
  • Dominguez v. Publix Super Markets, Inc., 187 So. 3d 892 (Fla. 3d DCA 2016)
  • City of Fort Lauderdale v. Dhar, 185 So. 3d 1232 (Fla. 2016)
  • Galaviz v. Publix Super Markets, Inc., 189 So. 3d 786 (Fla. 4th DCA 2016)
  • Florida Att’y Gen. v. Jimenez, 180 So. 3d 248 (Fla. 3d DCA 2015)
  • Economic Development Com’n v. Ellis, 178 So. 3d 118 (Fla. 5th DCA 2015)
  • Florida Bankers Ass’n v. Fla. Develop. Finance Corp., 176 So. 3d 1258 (Fla. 2015)
  • Thomas v. Clean Energy Coastal Corridor, 176 So. 3d 249 (Fla. 2015)
  • World Financial Group, Inc. v. South Beach Lending, LLC, 201 So. 3d 85 (Fla. 3d DCA 2015)
  • Publix Super Markets, Inc. v. Hernandez, 176 So. 3d 350 (Fla. 3d DCA 2015)
  • Parker v. American Traffic Solutions, Inc., 2015 WL 4755175 (S.D. Fla. Aug, 10, 2015)
  • Songin v. Publix Super Markets, Inc., 171 So. 3d 732 (Fla. 3d DCA 2015)
  • Miarka v. Publix Super Markets, Inc., 173 So. 3d 790 (Fla. 3d DCA 2015)
  • Castilla v. Publix Super Markets, Inc., 169 So. 3d 1187 (Fla. 3d DCA 2015)
  • Torres v. Publix Super Markets, Inc., 166 So. 3d 795 (Fla. 3d DCA 2015)
  • Woods v. Publix Super Markets, Inc., 162 So. 3d 1028 (Fla. 3d DCA 2015)
  • School Bd. of Miami-Dade County v. Martinez-Oller, 167 So. 3d 1451 (Fla. 3d DCA 2015)
  • Faddis v. City of Homestead, 157 So. 3d 447 (Fla. 3d DCA 2015)
  • Gallego v. Publix Super Markets, Inc., 160 So. 3d 438 (Fla. 3d DCA 2015)
  • Nalepa v. City of North Bay Village, 152 So. 3d 869 (Fla. 3d DCA 2014)
  • City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2014), disapproved, Jimenez v. State, 246 So. 3d 219 (Fla. 2018)
  • Faddis v. City of Homestead, 160 So. 3d 438 (Fla. 3d DCA 2014)
  • Pumphrey v. City of Dania Beach, 146 So. 3d 1195 (Fla. 4th DCA 2014)
  • Masone v. City of Aventura, 147 So. 3d 495 (Fla. 2014)
    Marshall v. Publix Super Markets, Inc., 137 So. 3d 384 (Fla. 2d DCA 2014)
  • Pembroke Lakes Mall, Ltd. v. McGruder, 137 So. 3d 418 (Fla. 4th DCA 2014)
  • Doe v. Leon, 555 Fed. Appx. 84 (2d Cir. 2014)
  • Carvajal v. Hillstone Restaurant Group, Inc., 130 So. 3d 1285 (Fla. 3d DCA 2014)
  • Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013)
  • Vulcan Dynamic Realty Fund, LP v. Sabadell United Bank, NA, 128 So. 3d 808 (Fla. 3d DCA 2013)
  • Coriat v. South Beach Lending, LLC, 127 So. 3d 516 (Fla. 3d DCA 2013)
  • Murphy v. Publix Super Markets, Inc., 126 So. 3d 1067 (Fla. 4th DCA 2013)
  • McClure v. Publix Super Markets, Inc., 124 So. 3d 998 (Fla. 4th DCA 2013)
  • Faddis v. City of Homestead, 121 So. 3d 1134 (Fla. 3d DCA 2013)
  • Publix Super Markets, Inc. v. Santos, 118 So. 3d 317 (Fla. 3d DCA 2013)
  • O’Boyle v. Bradshaw, 952 F. Supp. 2d 1310 (S.D. Fla. 2013)
  • Apothecary Development Corp. v. City of Marco Island, Fla., 2013 WL 1789549 (11th Cir. Apr. 29, 2013)
  • Isle of Dreams, LLC v. City of North Bay Village, Fla., 2013 WL 1196900 (11th Cir. Mar. 22, 2013)
  • Thor Guard, Inc. v. City of Boca Raton, 100 So. 3d 1285 (Fla. 4th DCA, 2012)
  • Publix Super Markets, Inc. v. Anderson, 92 So. 3d 922 (Fla. 4th DCA, 2012)
  • School Board of Miami-Dade County, Florida v. Rise Academy of South Dade Charter School, 90 So. 3d 1001 (Fla. 3rd DCA, 2012)
  • Gregg v. City of Miramar, 90 So. 3d 277 (Fla. 1st DCA, 2012)
  • Fong v. Courvoisier Courts Condominium Ass’n, Inc., 81 So. 3d 562 (Fla. 3rd DCA, 2012)
  • City of Aventura v. Masone, 89 So. 3d 233 (Fla. 3rd DCA, 2011)
  • McGuiness v. State, 80 So. 3d 1025 (Fla. 1st DCA, 2012)
  • CMI, Inc. v. Ulloa, 73 So. 3d 787 (Fla. 5th DCA, 2011)
  • Jones v. Publix Super Markets, Inc., 68 So. 3d 422 (Fla. 4th DCA 2011)
  • Gentry v. Harborage Cottages-Stuart, LLLP, 654 F.3d 1247 (11th Cir. 2011)
  • Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011)
  • Aills v. Boemi, 41 So. 3d 1022 (Fla. 2d DCA 2010)
  • Perez-Gurri Corp. v. Village of Key Biscayne, 41 So. 3d 228 (Fla. 3d DCA 2010)
  • Manseau v. City of Miramar, 395 Fed. Appx. 642 (11th Cir. 2010)
  • Lawnwood Medical Center, Inc. v. Sadow, 43 So. 3d 710 (Fla. 4th DCA 2010)
  • Bloch-Mullen v. Bal Harbour Village, 23 So. 3d 735 (Fla. 3d DCA 2009)
  • Goldin v. Salomon Smith Barney, Inc., 994 So. 2d 517 (Fla. 3d DCA 2008)
  • Johnston v. Tampa Sports Authority, 530 F.3d 1320 (11th Cir. 2008)
  • State v. Bastos, 985 So. 2d 37 (Fla. 3d DCA 2008)
  • U.S. v. Campa, 529 F.3d 980 (11th Cir. 2008)
  • Sierra Club v. Antwerp, 526 F.3d 1353 (11th Cir. 2008)
  • Horowitz v. Plantation General Hosp. Ltd. P’ship, 959 So. 2d 176 (Fla. 2007)
  • Fine v. City of Coral Gables, 958 So. 2d 433 (Fla. 3d DCA 2007)
  • Dalack v. Village of Tequesta, 223 Fed.Appx. 885 (11th Cir. 2007), affirming, 434 F.Supp.2d 1336 (S.D.Fla. 2006),
  • Stone v. Palms West Hosp., 941 So. 2d 514 (Fla. 4th DCA 2006)
  • Doctors Co., v. State, Dep’t of Ins., 940 So. 2d 466 (Fla. 1st DCA 2006)
  • U.S. v. Campa, 459 F.3d 1121 (11th Cir. 2006)
  • City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006)
  • Memorial Hosp.-West Volusia, Inc. v. News-Journal Corp., 927 So. 2d 961 (Fla. 5th 2006)
  • Rosenbaum v. City of Miami, 921 So. 2d 22 (Fla. 3d DCA 2006)
  • Kale v. Kalb, 919 So. 2d 607 (Fla. 3d DCA 2005)
  • Bal Harbour Village v. Fla. Unemploy. Appeals Com’n, 900 So. 2d 771 (Fla. 3d DCA 2005)
  • Cubic Transp. Systems, Inc. v. Miami-Dade County, 899 So. 2d 453 (Fla. 3d DCA 2005)
  • Breaux v. City of Miami Beach, 899 So. 2d 1059 (Fla. 2005)
  • Sounds of Service Radio, LLC v. Islamorada, Village of Islands, 344 F. Supp. 2d 1376 (S.D. Fla. 2004)
  • Evans v. City of Miramar, 879 So. 2d 684 (Fla. 4th DCA 2004)
  • Bal Harbour Village v. Welsh, 879 So. 2d 1265 (Fla. 3d DCA 2004)
  • Bailey v. Islamorada, Village of Islands, 874 So. 2d 729 (Fla. 3d DCA 2004)
  • Monroe County v. Ambrose, 866 So. 2d 707 (Fla. 3d DCA 2003)
  • Islamorada, Village of Islands v. Higgs, 882 So. 2d 1029 (Fla. 3d DCA 2003)
  • Capetta v. Leahy, 880 So. 2d 9 (Fla. 3d DCA 2003)
  • 75 Acres, LLC v. Miami-Dade County, 338 F.3d 1288 (11th Cir. 2003)
  • Park A Partners, Ltd. v. City of Miami, 844 So. 2d 782 (Fla. 3d DCA 2003)
  • Schroeder v. Fla. Keys Aqueduct Auth., 840 So. 2d 1050 (Fla. 2003)
  • Village of Key Biscayne v. Tesaurus Holdings, Inc., 761 So. 3d 397 (Fla. 3d DCA 2000)
  • Fusaro v. Hialeah Housing Auth., 33 F. Supp. 2d 1354 (S.D. Fla. 1999)
  • Carpenter v. Community Bank of Homestead, 710 So. 2d 65 (Fla. 3d DCA 1998)
  • Davis v. City of Hollywood, 120 F.3d 1178 (11th Cir. 1997)
  • Branca v. City of Miramar, 634 So. 2d 604 (Fla. 1994)
  • Village of Key Biscayne v. Dade County, 627 So. 2d 1180 (Fla. 3d DCA 1993)
  • Rodriguez v. City of Hialeah, 716 F. Supp. 1425 (S.D. Fla. 1989)

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