Recent Cases & News

JUN 03
Rebecca Creed to Speak at the Florida Justice Association Annual Convention

The Florida Justice Association Annual Convention kicks off in Palm Beach, Florida later this month.  On Wednesday, June 12th Rebecca Creed will speak at the Mini Deposition College session.  She will discuss a variety of topics from Rules of Engagement to Deposition Do's and Don'ts.  For more information about her presentation and the convention, please visit the FJA website here.

 

MAY 20
Creed & Gowdy takes case to Florida Supreme Court

In 2016, Creed & Gowdy filed a notice of appeal on behalf of their client, Guillermo Tabraue, III, Esq., as Personal Representative of the Estate of Suyma Torres in the Third District Court of Appeal, after the trial court dismissed the Estate's complaint with prejudice. During the course of briefing, Bryan Gowdy argued that a hospital  has a nondelegable, implied contractual duty to provide emergency care to a patient. In March, the Court issued it's opinion, affirming the trial court's ruling. Mr. Gowdy, along with the Estate's trial counsel, Jorge Silva, are now taking the case to the Florida Supreme Court, having filed a jurisdictional brief on May 17, arguing that the  Third District certified a direct conflict between its decision below and three decisions of the Fourth District. See Art. V, §3(b)(4), Fla. Const; (certifying conflict with Newbold-Ferguson v. Amisub (N. Ridge Hosp.), Inc., 85 So. 3d 502 (Fla 4th DCA 2012); Wax v. Tenet Health Sys. Hosps., Inc., 955 So. 2d 1 (Fla. 4th DCA 2007); and Irving v. Doctors Hosp. of Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982)).

See more here:

Fla. Hospital Cut From Suit - Law360

Fla. Justices Urged To Keep Hospital In Suit - Law360

MAY 02
Thomas Burns wins appeal in 2nd DCA, reinstates medical malpractice claim

In October 2018, in a 2-1 decision, of-counsel, Thomas Burns, convinced the Second District Court of Appeal to reinstate a medical malpractice claim in its entirety. In November 2018, the appellee moved for panel rehearing and rehearing en banc. Mr. Burns, on behalf of the appellant, opposed. After five months, the Court issued its order denying rehearing.

Click here  to read the opinion.

Click here to read the order.

News Coverage:

Law360 - Med Mal Suit Revived After Atty's 'Excusable Neglect'

 

APR 24
Daniel Mahfood defeats certiorari petition in 4th DCA

Creed & Gowdy, P.A., represented the parents of a child injured in a carnival ride called the "Psycho Swing" in a certiorari proceeding challenging the parents' right to seek punitive damages for their daughter's injuries. Daniel Mahfood first implemented a plan to have the trial court remedy potential procedural defects in the order granting leave to seek punitive damages. Then, in the certiorari proceeding, Mr. Mahfood argued that the appellate court lacked jurisdiction to consider the defendant's remaining challenges and that the defendant's arguments were substantively meritless as well. The appellate court agreed and issued a sweeping denial. The appellate court held that the Defendant's arguments were jurisdictionally barred and that the parents had sufficiently alleged punitive conduct even as to a corporate entity, freeing the parents to pursue punitive damages against all of the defendants in the lawsuit.

In the news:

Law360-Amusement Park Ride Owner Can't Escape Damages Claim

APR 16
Creed & Gowdy Files Amici Curiae Brief on Behalf of Center for Responsible Lending and Public Justice, P.C.

Center for Responsible Lending is a non-profit policy, advocacy, and research organization dedicated to exposing and eliminating abusive practices in the market for consumer financial services.  Public Justice is a national public interest legal organization, specializing in precedent-setting, socially significant civil litigation, with a focus on fighting to preserve access to justice for victims of corporate and governmental misconduct.

In a recent case, Barbara Fawcett vs. Citizens bank, N.A., Fawcett is seeking a panel rehearing or en banc hearing in the First Circuit Court of Appeals.  They argue the decision was a misapplication of Auer v. Robbins, 519 U.S. 452 (1997).  This misapplication presents a question of exceptional importance concerning how and when federal courts should or must defer to administrative agency statements.  Bryan Gowdy filed a brief of amici curiae in support of Fawcett's motion for rehearing and rehearing en banc arguing the court should immerse itself into the "regulatory text and history," to interpret the words in 12 U.S.C. § 85 and grant rehearing or rehearing en banc and vacate the panel's opinion.