Lydecker Miami team secured appellate dismissal

Congratulations for a BIG WIN for our client!
Lydecker Partner, Michelle Diverio, Esq. and Alex Parraga, Esq. obtained an order dismissing an appeal in the Third District Court of Appeals after they challenged the court’s jurisdiction under the Florida Rules of Appellate Procedure. The appellant filed a notice of appeal of an order denying its motion for rehearing and reconsideration of the order granting our client’s motion for summary judgment and final judgment in their favor. Ms. Diverio and Mr. Parraga addressed the procedural and substantive deficiencies within the notice, obtaining a dismissal of the appeal, and allowing the final judgment to stand in the carrier’s favor. #lydecker#lydeckerllp#lydeckerlife#lydeckerwin

About Lydecker:
Lydecker is an AV-rated full-service law firm with over 130 attorneys Nationwide! The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client’s needs and goals.
Lydecker enjoys a diverse practice, and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice areas include Appellate Practice, Business, Government, Industry, Insurance, Litigation, Employment, Environmental, and Professional Liability. For more information, please visit www.lydecker.com.

Lydecker enjoys a diverse practice, and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice areas include Appellate Practice, Business, Government, Industry, Insurance, Litigation, Employment, Environmental, and Professional Liability. For more information, please visit www.lydecker.com.

Media Contact: Marketing Department [305-416-3180] [marketing@lydecker.com]

Lydecker expands into Georgia

Miami, FL [November 7, 2023] – Lydecker, a financial and business prominent law firm known for its exceptional legal services with over 130 attorneys in 6 states, is thrilled to announce its expansion into Georgia with the opening of two new offices, strategically located in Atlanta and Brunswick Georgia.

This expansion marks a significant milestone in Lydecker’s growth and commitment to better serving its clients throughout the Southeastern United States.

The new office in Atlanta, a thriving metropolis and economic hub, will further strengthen Lydecker’s presence in the region. It will focus on offering a wide range of legal services, including litigation, corporate law, insurance defense, and more, to meet the diverse needs of clients in the metropolitan area.

The office in Brunswick, situated along the picturesque Georgia coast, will provide specialized services in maritime and admiralty law, catering to the unique legal needs of businesses and individuals involved in the maritime industry.

Lydecker’s expansion into Georgia reflects the firm’s dedication to delivering top-tier legal counsel and underscores its commitment to clients seeking legal expertise in a variety of fields.

For more information about Lydecker and its expanded services in Georgia, contact our offices in Atlanta (470) 607-4230 and Brunswick (912) 289-5140.

About Lydecker:
Lydecker is an AV-rated full-service law firm with over 129 attorneys with offices throughout Florida, New York, New Jersey, Pennsylvania, California and Georgia. The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client’s needs and goals.

Lydecker enjoys a diverse practice, and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice areas include Appellate Practice, Business, Government, Industry, Insurance, Litigation, Employment, Environmental, and Professional Liability. For more information, please visit www.lydecker.com.

Media Contact: Marketing Department [305-416-3180] [marketing@lydecker.com]

Lydecker Announces Expansion into Georgia!

Lydecker is excited to announce its expansion into the vibrant and thriving state of Georgia. This strategic move marks a significant milestone in our continued growth and commitment to serving our clients better.

Our two new office locations are located in Atlanta and Brunswick Georgia. They are strategically positioned to better serve our clients and partners in the Southeastern United States. This expansion not only enhances our geographical reach but also strengthens our presence and will allow us to provide our clients with the exceptional service and expertise they have come to expect from Lydecker. Our expansion will enable us to offer more localized support, personalized solutions, and quicker response times to meet our clients’ needs.

We are committed to becoming an integral part of the Georgia community. As we establish our presence in the state, we look forward to building lasting relationships with local businesses, organizations, and professionals.

About Lydecker

Lydecker is an AV-rated full-service law firm with over 100 attorneys and thirteen offices throughout Florida, Georgia, New York, New Jersey, Pennsylvania, and in California. The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client’s needs and goals. 

Lydecker enjoys a diverse practice, and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice area which include Appellate Practice, Business, Government, Industry, Insurance, Litigation, and Professional Liability. For more information, please visit www.lydecker.com

Prevailing Party Not Automatically Entitled to Attorney’s Fees Under Florida’s Offer-of-Judgment Statute

Pursuant to Section 768.79, Florida Statutes, a party making a reasonable proposal for judgment may recover attorney’s fees if the proposal is rejected and a qualifying judgment is recovered. 

In Coates v. R.J. Reynolds Tobacco Co., 2023 WL 4004339 (Fla. 2023), the Florida Supreme Court addressed the issue of whether a prevailing party is entitled to attorney’s fees under Florida’s offer-of-judgment statute.  There, the plaintiff sued the defendant for wrongful death and punitive damages and served two proposals for settlement upon the defendant (one for $75,000 and the second for $749,000), which were rejected.  At trial, the jury awarded plaintiff $300,000 in compensatory damages and $16 million in punitive damages.  On appeal, the Fifth District Court of Appeal reversed the punitive damages award, finding it to be excessive.  Nevertheless, plaintiff then argued she was entitled to appellate attorney’s fees based on the defendant’s rejection of the proposals for settlement pursuant to Section 768.79.  The defendant argued she was not entitled to attorney’s fees because she did not prevail in the appeal.

The Florida Supreme Court disagreed with the defendant and held that the offer of judgment statute was not a prevailing party statute.  The Court construed the plain language of Section 768.79 and explained:

the text of the offer-of-judgment statute contemplates a situation where the defendant is entitled to fees even if the plaintiff prevails on the most significant issues at trial and ultimately recovers a substantial judgment. It is not reasonable to hold that the Legislature created a prevailing-party requirement when the statute’s text allows for awards to litigants who do not prevail.

Had the Legislature intended for section 768.79 to be a prevailing-party statute, it could have adopted similar language to the prevailing-party statutes mentioned above; but it did not. 

The Point

A party does not have to be successful on the merits of the proceeding so long as the requirements have been of Section 768.79, Florida Statutes have been met, i.e., obtaining an award at least 25% or more (for plaintiffs) or less (for defendants) than what was offered and rejected.

For more information please contact: Forrest Andrews, Esq., Lydecker LLP’s Appellate Department Chair. Forrest Andrews, Esq. can be reach at 305-416-3180 or fla@lydecker.com.

About Lydecker

Lydecker is an AV-rated full-service law firm with over 100 attorneys and thirteen offices throughout Florida, New York, New Jersey, Pennsylvania, and in California. The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client’s needs and goals. 

Lydecker enjoys a diverse practice, and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice area which include Appellate Practice, Business, Government, Industry, Insurance, Litigation, and Professional Liability. For more information, please visit www.lydecker.com

Lydecker University Continuing Education Success

Congratulations to our dedicated team members who recently hosted an exceptional series of Continuing Education Courses. Their hard work, dedication, and commitment to providing valuable learning experiences have truly made a significant impact on everyone who attended!

For those who might have missed out on this year’s courses, we have exciting news for you! We’re already gearing up for the next round of Continuing Education Courses, and you won’t want to miss them. These courses offer an unparalleled opportunity to expand your skill set, gain insights into the latest industry news, and foster your personal and professional development.

To ensure you’re kept in the loop about upcoming courses, we invite you to join our exclusive email list. Simply send an email to Lydeckeru@lydecker.com and let us know you’d like to be added. By doing so, you’ll receive timely updates about course schedules, topics, and registration details.

#lydecker #lydeckerllp #lydeckerlife #LydeckerUniversity #LydeckerCE #LydeckerCLE

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Please note that submitting a message to us using this website does not create an attorney-client relationship. Therefore, please do not submit to us any confidential or otherwise sensitive information without first speaking to one of our attorneys and receiving confirmation that a conflicts check has been performed, conflicts cleared, and the firm has agreed it will accept the engagement. Any information submitted prior to establishing an attorney-client relationship may not be protected. Thank you.

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