Appeals

The firm of Gaebe, Mullen, Antonelli & DiMatteo not only handles the appeals of cases in which we have been involved as trial lawyers, but is also called upon by others in the profession to appeal their cases for them. We also regularly file amicus curiae briefs at the state and Federal level. We look forward to speaking with you about any appellate issues you may have.

We are available for trial support and assistance, as well. Let our attorneys' significant appellate and trial experience work for you. Recent Appellate and Trial Support Practice Highlights:

Florida’s Third District Court of Appeal recently ruled in favor of our institutional clients — the Archdiocese of Miami, one of its parochial high schools and its insurers — by reversing a $55.8 million verdict and the resulting $12.9 million judgment.  Michael A. Mullen and Anne C. Sullivan represented the Archdiocese at the trial, and through the appeal, of this case involving a car accident that the plaintiffs had alleged was ultimately the fault of the Archdiocese, its school, and its administrators.  In reversing the verdict and the judgment against the Archdiocese, the appellate court considered and discussed the common-law Undertakers Doctrine, Florida’s statutory “alcohol defense” (Florida Statutes Sec. 768.36), common law negligence theories, and evidentiary issues relating to prior alcohol abuse treatment of the minor plaintiff.  See Archbishop Coleman F. Carroll High School, Inc., v. Maynoldi, No. 3D08-1648, --- So. 3d ----, 2010 WL 445709 (Fla. 3d DCA Feb. 10, 2010).

The Florida Supreme Court recently declined to accept jurisdiction in Irving v. Erickson, 2010 WL 1042332 (Fla. Mar. 19, 2010), thereby rendering final the Third District Court of Appeal’s decision in our client’s favor in Erickson v. Irving, 16 So. 3d 868 (Fla. 3d DCA 2009).  The case dealt with theories of joint venture liability in an automobile negligence case; the Third District Court of Appeal, in holding for the firm’s client, reaffirmed the standing law on “joint enterprise liability,” and dealt with issues of evidence and jury instructions. 

Our Appellate Team:

Anne C. Sullivan:       Ms. Sullivan devotes her practice to trial support and appellate work.  She has handled over fifty appeals and extraordinary writs, and has over two dozen reported decisions.  She has argued extensively in the state and Federal appellate courts throughout Florida.  She is admitted to practice in all state appellate courts in Florida, including the Florida Supreme Court, and is also admitted to the United States Courts of Appeal for the Ninth and the Eleventh Circuits.  Ms. Sullivan is admitted to the United States District Courts for the Southern District of Florida and the Middle District of Florida, as well.  She is Assistant Editor of The Record, the journal of the Florida Bar’s Appellate Practice Section, is a member of the Florida Bar’s Appellate Practice Section, and a member of the Dade County Bar Association Appellate Court Committee. 

Maximo A. Santiago:      Mr. Santiago regularly attends trials and provides trial support services, drafting and arguing jury instructions, and preparing bench memoranda.  He also files extraordinary writs, trial briefs in state and appellate court, and memoranda of law in Federal courts throughout Florida.  Mr. Santiago is admitted to practice in all state appellate courts in Florida, including the Florida Supreme Court.  He is also admitted to the United States District Courts for the Southern District of Florida and the Middle District of Florida.  Mr. Santiago is bilingual, speaking and writing both English and Spanish.

In addition, our appellate team members frequently work in tandem with other lawyers at the firm, who bring to the appellate representation high levels of proficiency in a particular area of law.