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Commercial Litigation Appeals
The Carlyle Appellate Law Firm has extensive background representing clients in a
wide variety of commercial litigation matters. For instance, in Ormond Beach Associates
Ltd. v. Citation Mortgage., Ltd., 835 So. 2d 292 (Fla. 5th DCA 2002), review denied,
847 So. 2d 978 (Fla. 2003), the firm upheld a $2 million attorneys' fees award in
favor of its client, a mortgage company.
Family Law Appeals
The Carlyle Appellate Law Firm has extensive experience representing clients in all manners of
family law appeals. For example, in Brown v. Brown, 873 So. 2d 601 (Fla. 5th DCA 2004),
the Firm successfully defended a spouse in an appeal of an allocation after a multi-million
dollar settlement. In Dennison v. Dennison, 852 So. 2d 422 (Fla. 5th DCA 2003), the Firm
obtained a reversal of an alimony award as excessive. Dennison was significant because
opposing counsel filed a motion pursuant to section 57.105, arguing that the appeal was
frivolous. Not only did the appellate court deny the motion, it reversed the trial court's
final judgment of dissolution of marriage and remanded with directions to lower our client's alimony payments.
Class Action Appeals
In the area of class action and complex litigation support, the Firm is often engaged in numerous capacities.
The Firm assisted class counsel in defending certification of a national class action against AT&T in the
United States Supreme Court. See AT&T Corp. v. Allen, 124 S. Ct. 2066, 158 L. Ed. 2d 642 (2004).
In addition, the Firm was retained to arbitrate certain disputed claims in a nationwide class action,
Jacobs v. State Farm Insurance Company (Oklahoma). The Firm also assisted class counsel in appellate
proceedings in a national securities related class actions in Taff v. Caremark (Alabama), and In Re:
Sunterra Corp. Securities LC. (Florida), acted as appellate counsel in class action litigation
against Shell Oil Company currently pending in Alabama.
Personal Injury, Medical Malpractice, Nursing Home Abuse & Neglect Appeals
Active in the Academy of Florida Trial Lawyers, The Carlyle Appellate Law Firm is committed to the
Plaintiffs' Bar. The Firm has established a track record of representing plaintiffs in personal injury,
wrongful death, medical malpractice, and nursing home abuse and neglect cases. For instance, in Liguori v.
Beverly Enterprises, et al., 762 So. 2d 1039 (Fla. 5th DCA 2000), the plaintiff sued a nursing home
alleging that the nursing home was negligent in failing to reconnect a feeding tube pursuant to a
doctor's orders, which resulted in the decedent's death. The trial court dismissed the case based
on the plaintiff's prior lawyer's failure to comply with conditions precedent set out in Chapter
766 dealing with the alleged malpractice of certain medical providers. The firm worked closely with
the plaintiff's new trial counsel, and secured a reversal of the trial court's decision. As a result,
the plaintiff's claim was reinstated and he was given his day in court. In Darden v. Beverly Health
& Rehabilitative Services, et al., 763 So. 2d 542 (Fla. 5th DCA 200), the firm represented a
plaintiff on appeal after the trial court had dismissed his claim against a nursing home based on
the statute of limitations. The court held that the relation back doctrine applied to the plaintiff's
amended complaint because the two nursing home entities were sufficiently related and thus, no prejudice resulted.
Eminent Domain/Condemnation Appeals
The Firm acts as appellate counsel in eminent domain and condemnation proceedings. It currently has
cases pending involving the Department of Environmental Protection, and the St. Johns River
Water Management District.
Original Proceedings
We often initiate or defend against original proceedings, including writs of mandamus,
prohibition, certiorari, and habeas corpus.
Appellate Mediation
The Firm assists clients through appellate mediation. For example, in The Estate of Lawhead v. DSI
Trucking, Inc., the Firm acted as appellate counsel and assisted trial counsel in securing a confidential
settlement following a $4.1 million dollar jury verdict against a trucking company.
Pre-Trial and Trial Support
Our appellate lawyers plan, research, and draft critical pretrial motions,
such as motions to dismiss, motions for summary judgment, and responses to motions for summary judgment.
The Firm regularly assists trial attorneys in drafting favorable jury instructions, objecting to
instructions and acting as appellate counsel during the trial to ensure that a proper trial record is
made and that specific issues are properly preserved for appeal.
Post-Trial Support
After the jury's verdict is announced, our appellate lawyers will review the record, analyze the issues,
and work hand-in-hand with trial counsel to prepare appropriate motions prior to an appeal. We also can
assist trial counsel in staying the matter pending appeal, which can sometimes involve securing and posting a bond.
Amicus Briefs
The Carlyle Appellate Law Firm has frequently filed amicus briefs to assist federal and state appellate courts
on important issues of substantive or procedural law. Representative organizations include the Family Law Section
of The Florida Bar and The Academy of Florida Trial Lawyers. Should an organization with which you or one of
your clients are affiliated have an interest in a legal issue in a pending appeal, please contact us to
discuss the amicus option
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