Creed & Gowdy successfully defended an appeal filed by two obstetricians against a mother whose child had been injured at birth. The obstetricians argued that they had given timely notice of the limited rights and remedies available to the mother under Florida's Birth-Related Neurological Injury Compensation Act (NICA). The Fifth District Court of Appeal sided with the mother, affirming without opinion the administrative law judge's ruling that the obstetricians failed to give proper notice.
A trucking company contested venue in the plaintiff's selected forum. The trial court denied the defendant's venue-transfer motion; Creed & Gowdy defended that order on appeal. The Fourth DCA affirmed the decision without opinion and without oral argument. Jessie Harrell and Rebecca Creed handled the appeal.
Bryan Gowdy wrote an editorial in the Florida Times-Union supporting a legislative bill to fix Florida's juvenile sentencing laws that have been ruled unconstitutional by the U.S. Supreme Court. Read the article here.
The appeal concerned an order directing a party and his counsel to pay our client's attorney's fees. On appeal, the Fifth DCA affirmed our client's entitlement to fees and remanded only for a determination on the amount of fees. The appellate court also directed the party and his attorney to pay our client's reasonable attorney's fees spent on appeal. The opinion can be found here. (Motion for rehearing was also denied). Jessie Harrell handled the appeal.
The First District Court of Appeal reversed a trial court's order appointing a Ward's siblings as her guardians instead of her husband, contrary to the Ward's designation of pre-need guardianship, and remanded for further findings. The First District Court of Appeal established new law in two areas of guardianship: (1) the level of competency required to execute a designation of pre-need guardianship; and (2) how to interpret a "best interest" standard that allows a trial judge to override a Ward's designation of a pre-need guardian. Attorneys Bryan Gowdy and Jessie Harrell handled the appeal. The opinion can be found here.