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 Elaine D. Walter 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.
