After the trial has concluded, the work is far from over.
Many times, the party that loses at trial seeks a review by the appellate courts. The work of an appellate lawyer is far different than that of a trial lawyer. The appellate courts review whether there were legal errors made at the trial court level. At The Leto Law Firm, we have extensive appellate experience throughout the State of Florida. We have worked on appeals in the District Courts of Florida and the Florida Supreme Court.
Some representative cases handled by The Leto Law Firm at the Appellate level include:
Rolly Marine Service, Inc. v. McLaughlin Engineering (click here for the written opinion of the 4th District). InRolly, our firm represented a marina that was the victim of a very costly surveying error. The survey company sought to dismiss the case based upon the ecomonic loss doctrine. We successfully argued that the economic loss doctrine did not apply to this case because Rolly Marine relied upon the engineering company’s professional expertise. The Court agreed and reversed the trial court’s dismissal, allowing the case to proceed on the merits.
Daniel Smith v. All Children’s Hospital. In this very sad and tragic case, 3 month old Daniel Smith was severely injured when All Children’s Hospital nurses and staff failed to properly hydrate him upon presenting to the Emergency Room with vomiting and diarrhea. The hospital defended the case by arguing that the brain damage suffered by Daniel was the result of a complicated, birth-related genetic disorder. The Leto Law Firm was successful after 8 years of litigation and 4 weeks in trial, and the jury returned a verdict of $11.1 million. The hospital appealedand the2nd District Court of Appealsupheld the verdict, allowing Daniel to get the care he needs for his life. Articles about the case can be read here and here.
Edna Jones v. Osceola Regional Medical Center, et al. In this case, The Leto Law Firm represented a physician from out of state in a claim for medical negligence. Dr. Jones has been in a same-sex civil union for 2 decades. Her home state of Ohio, like Florida, does not recognize gay marriage. Despite these archaic and discriminatory laws, The Leto Law Firm attempted to challenge the law by amending Dr. Jones’ complaint to include a claim for her partner. The trial court denied this attempt so The Leto Law Firm appealed to the Fifth District Court of Appeals, seeking to change the law. Unfortunately, the Florida Courts denied our attempt to reverse the law prohibiting equal rights to gay men and women. However, we will continue to fight for equal protection for all men and women in our State and we believe the laws will eventually be changed to allow everyone equal rights in our courts.