The petition was filed by Riverside residents opposing a restaurant zoning approved by Jacksonville City Council in 2016 known as "The Roost". The developers argued that this petition was filed in an untimely manner since it was filed on the last day of a 30-day jurisdictional window. In a per curiam opinion, the Court sided with the Riverside residents, allowing for the circuit court to now be able to hear the case on its merits, ultimately deciding whether the zoning decision can stand.
Creed & Gowdy Of Counsel, Thomas A. Burns, won two appeals relating to a $2.2 million commercial foreclosure last Friday. Thomas represented the appellee, a subsidiary of an apartment management company that had purchased the note and morgtage, in two appeals from the foreclosure and judicial sale of the properties. After oral argument, The Court, per curiam, affirmed the foreclosure and judicial sale and granted the appellee's motions for appellate attorney's fees.
Thomas was recently nominated as a candidate of the 2nd District Court of Appeal Judicial Nominating Commission. He is one of six nominations vying for two vacancies in the commission. Judicial Nominating Commissions (JNCs) select nominees to fill judicial vacancies within the Florida court system. The JNCs are required to operate in accordance with the Uniform Rules of Procedure applicable to each level of JNC. JNC members serve four-year terms, except when an appointment is made to fill a vacant, unexpired term. Read more about current nominees here.
A Florida Constitution Revision Commission panel this week killed a proposal to gut Florida's Patient's Right to Know About Adverse Medical Incidents provision in the state Constitution. After hearing compelling testimony from nine Florida Justice Association leaders who discussed the importance of the transparency provided to Floridians, the panel voted 4 to 3 against the proposal to effectively shield the reports behind attorney/client privilege.
To see Bryan's argument click here, and skip to the 3:12:15 mark.
The U.S. Court of Appeals for the Eleventh Circuit released its opinion in the bad-faith action by Creed & Gowdy's client, Mrs. Ethel Cousin, against GEICO Insurance Company. The court vacated the lower court's summary judgement, which was in favor of GEICO, and held that there were genuine issues of material fact whether GEICO acted in bad faith when handling Mrs. Cousin's insurance claim. Read the entire opinion here.