US Bank attempted to foreclose a mortgage against homeowners without any proof that it had standing. Although the trial court ordered foreclosure, Creed & Gowdy was able to obtain a reversal in the Second District. Because the bank failed to prove its case, the appellate court ordered that the case be remanded for entry of an involuntary dismissal of the complaint. Jessie Harrell & Rebecca Creed briefed the case; Jessie Harrell presented the oral argument. You can read the opinion here.
Super Lawyers has announced its selection of top Florida lawyers for 2015 and we are proud to announce that Creed & Gowdy has again made the list. Rebecca Creed, Bryan Gowdy, and Jessie Harrell are all named among Florida's top lawyers in appellate practice. Bryan Gowdy is also listed as one of the Top 100 lawyers in the state across all practice groups.
Each year, Super Lawyers recognizes the top lawyers in Florida. Attorneys are selected by peer nominations and evaluations, as well as third-party research. For more information on Florida Super Lawyers, click here.
This morning, the U.S. Court of Appeals for the Eleventh Circuit affirmed an order that employees of the Navajo Nation fall under the Federal Tort Claims Act. The main issue on appeal was the extension of Federal Tort Claims Act coverage pursuant to the Indian Self-Determination and Education Assistance Act. In this personal injury case, the district court's opinion was upheld, holding the United States Government liable for damages. Creed & Gowdy handled this appeal with its co-counsel, Coker, Schickel, Sorenson, Posgay, Camerlengo & Iracki. You can read the opinion here.
Creed & Gowdy successfully overturned a trial court's refusal to enforce the exclusivity provision of a commercial tenant's lease. The First District Court of Appeal's decision allows the commercial tenant to continue operating the only full-service restaurant located within the landlord's shopping center. Briefing was handled by Rebecca Creed, who also argued before the First District on the tenant's behalf. The opinion can be found here.
The Supreme Court of Florida decided four cases ( Henry, Gridine, Falcon, and Horsley) that greatly enhance the rights of children who are convicted and sentenced in Florida's adult courts. Bryan Gowdy wrote two amicus briefs for the Court, located here and here, on behalf of the Florida Association of Criminal Defense Lawyers. You can read more about the cases at Jacksonville.com.