WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, was recently featured in an article by the Daily Business Review discussing a small claims case where the Third District Court of Appeal reversed and remanded a decision after the trial court dismissed a claim due to an incorrect procedural filing. The plaintiff had filed a motion arguing that the trial court had misapplied Florida’s statute of frauds, except she filed it under the wrong rule.
“When you’re dealing with participants in legal proceedings that don’t have a lawyer, they try to do the best they can,” said Ed. “Sometimes they cite the wrong rule because they don’t have enough experience. The Third cut to the chase and sent it back, relying on existing cases from other courts.”
Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He is also a Fellow of the American Academy of Appellate Lawyers. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.
Read more here: https://www.law.com/dailybusinessreview/2024/08/01/in-reversing-case-state-appellate-court-refers-matter-to-florida-rules-committee/
