Whether final judgment or an appealable order is entered in favor or against our clients, Van Ness Law Firm has a track record of thoughtful, aggressive representation. The appellate practice attorneys at Van Ness Law Firm have experience in prosecuting and defending appeals, petitions, and writs, which requires a thorough understanding of the intricate rules and procedures by which appellate courts review trial court rulings.

Our attorneys represent local, regional, and national clients in a wide range of appellate proceedings. The Appellate Practice Department provides litigation support in complex trial court proceedings at the firm, and additionally represents clients in appeals from cases in which Van Ness was not retained in the lower proceeding. Van Ness Law Firm strives to zealously advocate on behalf of its clients, and understands that its advocacy hinges upon a convincing, thorough presentation of relevant facts, along with refined research and compelling analysis.

The following published decisions represent Van Ness’s strength and effectiveness in the field of appellate litigation:


Published Decisions

Bochev v. Wells Fargo, Inc., 2014 Fla.App.LEXIS 4795 (Fla. 3d DCA Apr. 2, 2014)

Representing the Appellee in this matter, Van Ness successfully argued that a motion for court default had been appropriately entered by the trial court. The Appellant had filed a motion to set aside the default in the trial court, and had additionally filed a motion to quash service and abate the action, but was unsuccessful in their attempt to demonstrate that they deserved another attempt at a trial.

Plante v. Wells Fargo Bank, N.A., 2014 Fla.App.LEXIS 2399 (Fla. 5th DCA Feb. 18, 2014)

This appeal involved extensive motion practice at the appellate level, including a hearing conducted by the district court of appeal to assess sanctions against opposing counsel, following Van Ness filing motions to dismiss for opposing counsel’s failure to timely prosecute the appeal. The appellate court ultimately affirmed a summary final judgment entered in favor of Van Ness’s client.

Good v. Arc Pool 1, LLC, 2013 Fla.App.LEXIS 20408 (Fla. 2d DCA Dec. 27, 2013)

Van Ness represented the Appellee in this matter, following successful representation in the trial court. The Appellant challenged the efficacy of certain documents that were utilized in granting judgment in favor of the Appellee. Van Ness defended the appeal, the appellate court affirmed, and the Appellant was additionally unsuccessful in the appellate court on a motion for rehearing.


Russo v. Deutsche Bank Nat’l Trust Co., 125 So.3d 159 (Fla. 2d DCA 2013)

Following success at the trial level, Van Ness continued its representation of the lender in an appeal in which the the Appellant attempted to claim a failure to comply with a condition precedent to filing suit, and in which the Appellant argued that the final judgment lacked sufficient testimony and evidence regarding certain escrow and suspense amounts. Van Ness briefed the issues and defended the Appellee at oral argument, culminating in the appellate court’s affirmance, in full, of the final judgment entered in favor of the client.


Cacho v. Bank of N.Y. Mellon, 124 So.3d 943 (Fla. 3d DCA 2013)

Van Ness received this appeal as an appellate referral, following the underlying lawsuit being handled by another firm. The Appellant’s former counsel’s motion for attorney’s fees was denied by the trial court, causing counsel to appeal. Van Ness successfully argued in briefs and at oral argument that Appellant’s former counsel could not seek fees on behalf of the Appellant, because they were no longer counsel of record. The court affirmed the trial court’s denial of attorney’s fees, issuing a lengthy opinion. The client was required to pay $0.00, notwithstanding the fact that opposing counsel was seeking in excess of $30,000.00.

Nolan v. Bank of New York Mellon, 114 So.3d 942 (Fla. 1st DCA 2013)

On behalf of the Appellee, Van Ness defended an appeal in which the Appellant attempted to state that her due process was violated because the trial court entered judgment without disposing of a procedural motion. The court affirmed the final judgment, without the necessity of providing a written opinion.

 Edgar H. v. BAC Home Loans Servicing, 114 So.3d 942 (Fla. 3d DCA 2013)

Van Ness favorably represented the Appellee both in briefs and at oral argument in this heavily-contested appeal, in which the Appellant questioned the Appellee’s ability to introduce certain evidence and the certainty of the amount of damages sought at the trial court level.

 Hillcrest Homes v. Indymac Venture, LLC, 103 So.3d 77 (Fla. 5th DCA 2012)

Van Ness successfully represented the Appellee in a construction-loan appeal against the Appellant’s claims that evidence entered in the trial court was hearsay and that the Appellee lacked standing to sue the Appellant.

 Vargas v. Deustche Bank Nat’l Trust Co., 104 So.3d 1156 (Fla. 3d DCA 2012)

In this appeal, the Appellant claimed that the trial court had the authority to modify its judgment and enforce an alleged, oral credit agreement, which the Appellee claimed did not exist. Van Ness defended the Appellee, and the appellate court agreed with Van Ness’s position on Florida’s statute requiring such agreements to be in writing.

 Grant v. Deutsche Bank Nat’l Trust, 78 So.3d 724 (Fla. 5th DCA 2012)

 Van Ness victoriously represented the Appellee against harsh allegations that the Appellee fabricated and fraudulently altered evidence.

 Snizek v. U.S. Bank, N.A., 81 So.3d 433 (Fla. 4th DCA 2011)

Van Ness successfully argued that the the trial court’s ruling on the Appellant’s motion for relief from judgment was correct, because the trial court lacked jurisdiction to grant the motion.

 Hauck v. U.S. Bank Nat’l Ass’n, 75 So.3d 1255 (Fla. 2d DCA 2011)

Van Ness demonstrated that the Appellant’s arguments were limited to whether there was a clear error on the face of the judgment entered by the trial court. The appellate court agreed that there was no clear error.

 HSBC Bank USA, N.A. v. Reed, 76 So.3d 965 (Fla. 1st DCA 2011)

Van Ness represented the Appellant in this action, claiming that the trial court erred in enforcing a settlement agreement reached at mediation. The appellate court agreed with Van Ness’s argument that the trial court was without jurisdiction to enforce the agreement, and quashed the trial court’s order.

 Futrell Custom Pools, Inc. v. HSBC Bank USA, N.A., 32 So.3d 636 (Fla. 5th DCA 2010)

The Appellant attempted to claim that Van Ness’s client had not met the high burden at the trial court level of properly moving for summary judgment. The appellate court affirmed the decision, without the need of publishing an opinion.

 Cleare v. Bayview Loan Servicing, LLC, 23 So.3d 725 (Fla. 3d DCA 2009)

Van Ness prevailed on behalf of the client in an appeal involving questions of whether service of process was properly effectuated.

 Wilson v. HSBC Bank, 13 So.3d 1061 (Fla. 1st DCA 2009)

Van Ness presented numerous arguments to the court on behalf of the Appellee, including the argument that the Appellant’s execution of a modification agreement resulted in a waiver of the Appellant’s defenses. The appellate court ruled in Van Ness’s favor.

Attorneys

Morgan L. Weinstein

Marian Kennady

 

Related Practice Areas

Administrative Law

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Construction

Foreclosure

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Real Property Litigation

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