Bryan Gowdy and Dimitri Peteves represented plaintiffs in a federal constitutional challenge to the City of Holmes Beach's noise ordinance. The United States District Court for the Middle District of Florida ruled that a portion of the ordinance is unconstitutionally vague because it did not provide adequate enforcement standards. The court also ruled that the plaintiffs are entitled to attorney's fees and costs. Read the decision here.
Dimitri Peteves and Bryan Gowdy successfully represented on appeal, Jarrett Olsen, who was injured by an automobile owned by Autonation Ford Sanford. The trial court had granted summary judgment in favor or Autonation Ford, concluding it was immune from suit under a federal law, the Graves Amendment. The Fifth District Court of Appeal reversed.
Bryan Gowdy orally argued to the First District Court of Appeal on behalf of attorney Nancy Wright in her lawsuit against Florida's Agency for Health Care Administration (AHCA). Ms. Wright represents Medicaid beneficiaries in "Fair Hearings" conducted by ACHA-appointed hearing officers. The hearing officers determine whether Medicaid covers medical care and treatment sought by a beneficiary. Ms. Wright contends that state law requires AHCA to transmit the hearing officers' final orders to a centralized electronic database that the public can access online. AHCA disagrees. The Florida Bar's Elder Law Section filed an amicus brief in support of Ms. Wright.
More information about the case can be found in the Law360 article here (paywall).
Congratulations to our Legal Administrator, Tammy Meierdierck, for receiving the #JaxALA President's Circle Award. The outgoing President of the Jacksonville Chapter of Association of Legal Administrators selects a board member who went above and beyond their duties to the Chapter. As Vice President of #JaxALA, Tammy's duties revolved around membership in the organization. This was Tammy's first year serving on the #JaxALA board, which transitions on April 1, 2023. She will sit on the upcoming board as Treasurer. Tammy said, "I am proud to be a member of #JaxALA and thankful to be able to give back by serving on the board of this great organization."
In an attempt to make documents easier to read there is still a dispute on which font is best. Rebecca Creed was among several attorneys interviewed for the article. She explained that in 2021, the Florida Supreme Court adopted a rule requiring Arial or Bookman Old Style, both chosen for their readability on screens. At Creed & Gowdy, Bookman Old Style won out. "We just liked the way it looked," she said. "That sounds dumb, but it's really just what it came down to." You can read the article here. (paywall)