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.
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.
Greg Jones was featured on GivingBack TV supporting Faith Cafe. Greg has been working with Faith Cafe for the last 15 years. Faith Cafe serves the homeless and hungry in Tampa. Their mission is to serve their neighbors in need with dignity and respect.
Rywant Alvarez again this year is proud to be a sustaining law firm supporting Bay Area Legal Services
As the news relating to COVID-19 continues to develop, we wanted to touch base with our valued clients and friends and make you aware that the members of the Rywant Alvarez team have capability to work remotely.
We are hopeful that the duration of this event will be limited, but Rywant Alvarez will employ all necessary resources to continue to provide services to our clients.
We wish you all health and safety.
Rywant Alvarez is pleased to announce our newest attorney, Kimberly Nuñez. Kim is an associate in the firm’s Tampa office. Her practice focuses on insurance litigation and personal injury. She graduated from Stetson University College of Law. Kim is originally from Sarasota and has lived in Tampa since she was an undergrad at the University of South Florida. Kim is fluent in Spanish. She volunteers with Lawyers for Literacy where she tutors elementary school children in vocabulary and reading.
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.
Our newest attorney, William Dennis received his undergrad degree from USF. He then went on to graduate from Liberty University School of Law, where he was a Dean’s Scholar. Upon graduation, Will worked for the Tenth Judicial Circuit Court as a prosecutor. Will spent four years prosecuting cases ranging from second degree misdemeanors to capital felony crimes. After four years and over 40 trials later, Will decided to moved into civil practice, where he has primarily focused on first party property defense. Will is excited to advocate for his clients inside and outside of the courtroom.
Rywant Alvarez sponsors the Collective’s January Happy Hour. The Collective is a group of socially conscious and public-spirited friends, who believe that access to justice is fundamental to the wellbeing of our community.
John Guyton was appointed to the Civil Trial Law Certification Committee. He recently obtained summary judgment for his client in a complex commercial dispute.
The firm, after 35 years in the same Tampa location, has moved its offices to Harbor Island. The new space will give us more room to add lawyers to better serve our clients. The new office address in Tampa is:
302 Knights Run Avenue
Tampa, Florida 33602
We are also opening a new office location in Orlando.
250 North Orange Avenue
Orlando, Florida 32801
Carla Sabbagh obtained a favorable decision in an appeal from an order transferring venue on behalf of our client to another county.
After ex-wife filed petition against ex-husband for protection against domestic violence, the Circuit Court granted ex-husband’s motion to transfer venue to another county. At the conclusion of the hearing, the trial court found that the “interest of justice” required the transfer of the case to Pasco County because all of the parties’ prior and existing family law cases had been litigated or remained to be litigated there. Ex-wife appealed. Because the appellate court saw no abuse in the trial court’s exercise of its discretion to transfer the petition to Pasco County, Second District Court of Appeals affirmed the order.
Rywant Alvarez is proud to support Bay Area Legal Services Annual Champions for Justice Appreciation Event. Congratulations on another great event!
We are happy to announce our newest attorney Kyle Gretel. Kyle is an Attorney in the firm’s Tampa office. He received his Juris Doctor, cum laude, and MBA from Stetson University College of Law, in 2018. Mr. Gretel focuses his practice on insurance defense, first party property litigation, personal injury, and construction defect litigation. Prior to law school, Mr. Gretel attended Florida State University where he obtained his B.S. in finance and political science, cum laude, in 2013. Mr. Gretel is a Florida native hailing from West Palm Beach.
Our attorney Lindsay Alvarez has announced she is running for Circuit Judge in Hillsborough County. We proudly support her! Find out more about Lindsay at www.lindsay4judge.com
Lindsay began her legal career as a prosecutor with the Hillsborough County State’s Attorney Office. In 2013, Lindsay transitioned into private practice working in all areas of commercial and civil litigation, including consumer finance disputes, homeowners’ association disputes, contract disputes, foreclosure litigation, and disputes involving lien priority. Currently, Lindsay is employed at Rywant, Alvarez, Jones, Russo & Guyton, representing both plaintiffs and defendants in all aspects of tort and insurance litigation.
Lindsay is actively involved in the community with both legal and civic memberships to the Hillsborough County Bar Association, Hillsborough Association of Women Lawyers and Tampa Bay American Inn of Court, Tampa Bay Tiger Club, Riverview Chamber of Commerce and Plant City Chamber of Commerce. She is also active in the community serving on the Crisis Center of Tampa, Women in Action and on the Council for Champions for Children. Lindsay also volunteers her time with Meals on Wheels.