The Appellate Department at Wicker Smith offers solid support and direction, from the decision through the appeal. Our team is respected for its keen legal analysis of both procedural and substantive errors that often occur in lower courts. We are proud to serve with clients’ trial counsel to maximize the potential for favorable outcomes. Our appellate attorneys are highly skilled in brief writing, extraordinary writs, motions and oral arguments and have represented clients from a number of diverse industries. Wicker Smith has successfully taken cases before the Florida District Courts of Appeal, the Florida Supreme Court, the United States Supreme Court and multiple Federal Circuit Courts of Appeal.
The appellate practitioners at Wicker Smith have handled hundreds of appeals representing clients in a wide range of complex issues involving product liability, medical malpractice, legal malpractice, construction litigation, insurance policy interpretation, negligence, personal injury, automobile liability, and patent and trademark law.
Some of the firm’s most significant cases in appellate law includes:
Racoma v. Hannans, 978 So.2d 873 (Fla. 2nd DCA 2008)
Thirty-nine-year-old patient with a complex medical history filed two separate lawsuits alleging medical malpractice caused a stroke. After the jury returned a verdict in favor of the physicians in the second lawsuit, the trial court granted patient’s motion for new trial on the grounds the two lawsuits should have been consolidated. On appeal, Wicker Smith successfully reversed the new trial order and the appellate court remanded the case for reinstatement of the jury verdict in favor of the physicians.
Straub v. Lehtinen, Vargas & Reidi, P.A., 3 So.2d 1187 (Fla. 2009), 7 So.3d 649 (Fla. 4th DCA 2009)
Plaintiff sued defendants (Wicker Smith’s clients) alleging their description of plaintiff in a news article constituted a “false light invasion of privacy.” The appellate court found that the issues presented constituted a question of great public importance and certified the case to the Florida Supreme Court. The Florida Supreme Court determined that Florida does not recognize a cause of action for “false light invasion of privacy.”
XL Specialty Ins. Co. v. Skystream, Inc., 988 so.2d 96 (Fla. 3rd DCA 2008)
Following a highly publicized airplane crash involving a rising star singer, the insurers for numerous entities disputed their defense and indemnity obligations as well as the priority of insurance coverage available for this loss. Wicker Smith was successful in establishing its client’s position and recovery from the competing insurance interests.