We are pleased to announce that Andrew Russo and Matt Holtsinger obtained a final summary judgment in favor of their client. The case at issue, which was pending in the Middle District of Florida, involved claims of equitable subrogation and equitable contribution brought by one insurance carrier against another insurance carrier following a settlement in an underlying personal injury case. The Plaintiff was seeking damages in the amount of $950,000. Judge Moody granted the Defendant’s motion for final summary judgment on both counts and rendered judgment in favor of the Defendant.
Civil Trial Lawyers News
The Plaintiff was found to have concealed a prior shoulder injury that was directly relevant to the claims made in the Case. The Court found clear and convincing evidence had been presented which established that Plaintiff engaged in an intentional scheme to evade discovery of facts central to the case. Plaintiff intentionally concealed or withheld information directly related to his injuries, a core issue in the litigation. The Plaintiff’s failure to disclose critical facts about prior injuries, pain, and treatment, as well as prior healthcare providers and medical records, can only be interpreted as an intentional attempt to thwart Defendant’s discovery of all essential facts. The Court granted the motion for fraud and dismissed the case. The Plaintiff appealed and oral arguments were held on December 2, 2020.
Given that not all Florida Courts have resumed jury trials due to COVID-19, the attorneys at Rywant Alvarez Jones Russo Guyton, P.A., have been actively participating in many types of alternative dispute resolution methods.
Partner, John Guyton, successfully obtained an arbitration judgment in favor of his client. In the case at issue, the Claimant asserted claims for violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Magnuson Moss Warranty Act Implied, Magnuson Warranty Act Express, Revocation of Acceptance Magnuson Moss Warranty Act, and Breach of Contract. The Arbitrator found that the Claimant failed to provide any evidence to support her claims and found in full favor of the Respondent.
Final Arbitration Award
Rywant Alvarez is proud to announce that five of our partners have been named 2020 Florida Super Lawyers and three attorenys have been named 2020 Florida Rising Stars. Super Lawyers and Rising Stars are chosen after an evaluation on twelve indicators of peer recognition and professional achievement including verdicts, settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar or other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background and other outstanding achievements.
We are pleased to announce that Melissa Isabel obtained a dismissal in favor of our client. After three years of contentious litigation, Melissa was able to brief and successfully argue the Plaintiff had committed and perpetuated a fraud on the court. The trial court granted the motion a month prior to the scheduled jury trial.
John Guyton was appointed to the Civil Trial Law Certification Committee. He recently obtained summary judgment for his client in a complex commercial dispute.
We are pleased to announce that Second District Court of Appeal of Florida has affirmed an Order granting summary judgment in favor of our client. After two years of contentious litigation, summary judgment was granted by the trial court less than two weeks before trial. Shortly thereafter, the Plaintiff appealed the final judgment that was entered based on that Order. After the appeal was fully briefed, Jordan Behlman successfully argued the brief before the Second District Court of Appeal of Florida leading to the favorable outcome.