Appellate – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Mon, 12 Jun 2023 15:00:31 +0000 en-US hourly 1 WEISS SEROTA HELFMAN COLE + BIERMAN ATTORNEYS RECOGNIZED BY CHAMBERS AND PARTNERS https://www.wsh-law.com/news-updates/weiss-serota-helfman-cole-bierman-attorneys-recognized-by-chambers-and-partners-3/#utm_source=rss&utm_medium=rss Thu, 01 Jun 2023 14:45:02 +0000 https://www.wsh-law.com/?p=10494 WSHC+B is pleased to announce that firm partners Edward G. Guedes and Clifford Schulman have been named top lawyers in their respective fields by Chambers & Partners in the 2023 Edition of Chambers USA. Ed Guedes, Chair of the firm’s Appellate Practice Group, was ranked in Litigation: Appellate – Florida. One commentator observed, Ed “is […]

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WSHC+B is pleased to announce that firm partners Edward G. Guedes and Clifford Schulman have been named top lawyers in their respective fields by Chambers & Partners in the 2023 Edition of Chambers USA.

Ed Guedes, Chair of the firm’s Appellate Practice Group, was ranked in Litigation: Appellate – Florida. One commentator observed, Ed “is very well respected among the appellate bench,” while another stated, “Ed is a very prominent, local lawyer. He specializes in representing local government entities and is very knowledgeable and effective in this field.”

Cliff Schulman was recognized as “Senior Statesperson” in Environment – Florida and Real Estate: Zoning/Land Use – Florida. Clients say, “Clifford is very good and one of the best lawyers over in Miami-Dade County.”

The Chambers USA guide annually ranks preeminence in key practice areas and achievements of law firms and lawyers throughout the country. The qualities on which individual lawyers are ranked, includes their legal knowledge and experience, their ability, their effectiveness and their client-service.

To view the full guide, click here.

 

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Edward Guedes wins Fourth District Court of Appeal case on behalf of Sedano’s https://www.wsh-law.com/news-updates/edward-guedes-wins-fourth-district-court-of-appeal-case-on-behalf-of-sedanos/#utm_source=rss&utm_medium=rss Mon, 03 Jan 2022 21:52:46 +0000 https://www.wsh-law.com/?p=9122 Edward Guedes recently secured a win at the Fourth District Court of Appeal on behalf of Sedano’s. The court held for the first time in Florida that standard jury instruction 401.20(a), which governs premises liability cases, was an incorrect instruction to give in premises liability cases governed by section 768.0755, Florida Statutes (involving transitory foreign […]

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Edward Guedes recently secured a win at the Fourth District Court of Appeal on behalf of Sedano’s. The court held for the first time in Florida that standard jury instruction 401.20(a), which governs premises liability cases, was an incorrect instruction to give in premises liability cases governed by section 768.0755, Florida Statutes (involving transitory foreign substances that cause an accident). The trial court denied our client’s request for an amendment to the standard instruction to conform it to section 768.0755, and the Fourth District agreed with us that that was an abuse of discretion, reversed the verdict, and ordered a new trial for Sedano’s.

Read the opinion: Opinion
.

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Weiss Serota Helfman Cole + Bierman Attorneys Recognized By Chambers And Partners https://www.wsh-law.com/news-updates/weiss-serota-helfman-cole-bierman-attorneys-recognized-by-chambers-and-partners-2/#utm_source=rss&utm_medium=rss Fri, 21 May 2021 18:59:28 +0000 https://www.wsh-law.com/?p=8678 The Firm is pleased to announce that firm partners, Edward Guedes, Clifford Schulman and Joseph Hernandez have been named top lawyers in their respective fields by Chambers & Partners in the 2021 Edition of Chambers USA. Ed Guedes, Chair of the Appellate Practice Group, was ranked in Litigation: Appellate – Florida. Clients say he is […]

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The Firm is pleased to announce that firm partners, Edward Guedes, Clifford Schulman and Joseph Hernandez have been named top lawyers in their respective fields by Chambers & Partners in the 2021 Edition of Chambers USA.

Ed Guedes, Chair of the Appellate Practice Group, was ranked in Litigation: Appellate – Florida. Clients say he is “an excellent advocate,” and “he is an outstanding lawyer and very good to work with.”

Cliff Schulman was recognized as “Senior Statesperson” in Environment – Florida and Real Estate: Zoning/Land Use – Florida. Sources say Cliff is “a very bright and very experienced attorney” and that he is “an exceptionally good lawyer.”

Joseph Hernandez was recognized for his excellence in Real Estate Law – Florida category. One commenter stated “he’s very personable and a pleasure to work with. A quick, efficient, ‘no drama’ and very knowledgeable attorney.”

The Chambers USA guide annually ranks preeminence in key practice areas and achievements of law firms and lawyers throughout the country. The qualities on which individual lawyers are ranked, includes their legal knowledge and experience, their ability, their effectiveness and their client-service.

To view the full guide, click here.

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Edward Guedes to speak during Collier County Bar Association webinar about new summary judgment standard in Florida https://www.wsh-law.com/news-updates/edward-guedes-to-speak-during-collier-county-bar-association-webinar-about-new-summary-judgment-standard-in-florida/#utm_source=rss&utm_medium=rss Fri, 08 Jan 2021 19:56:44 +0000 https://www.wsh-law.com/?p=8360 Ed Guedes will discuss the forthcoming new summary judgment standard in Florida during a Collier County Bar Association Trial Law Section webinar on Jan. 14 at noon. His presentation will discuss how in response to and on the heels of its decision in Wilsonart, LLC v. Lopez, SC19-1336, the Florida Supreme Court amended Florida Rule […]

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Ed Guedes will discuss the forthcoming new summary judgment standard in Florida during a Collier County Bar Association Trial Law Section webinar on Jan. 14 at noon. His presentation will discuss how in response to and on the heels of its decision in Wilsonart, LLC v. Lopez, SC19-1336, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510 to expressly adopt the summary judgment standard used by federal courts as articulated in Celotex v. Catrett, 477 U.S. 317 (1986), and other federal cases.

Ed is a board certified appellate attorney who has been involved in the Wilsonart case. He will discuss the case and rule amendment, provide a primer on the differences between Celotex and the Florida current standard, and offer insight on what adopting the Celotex standard will look like in future cases.

Register today.

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Appellate Team Recognized as Most Effective Lawyers by Daily Business Review https://www.wsh-law.com/news-updates/appellate-team-recognized-as-most-effective-lawyers-by-daily-business-review/#utm_source=rss&utm_medium=rss Mon, 07 Dec 2020 20:58:32 +0000 https://www.wsh-law.com/?p=8322 The Daily Business Review named Appellate Practice Group Chair, Ed Guedes, and founding partner, Joseph Serota, as Most Effective Lawyers. Ed and Joe received the award, which honors lawyers in South Florida who have a track record of achieving significant victories for their clients. The team was honored for their work representing a certified class […]

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The Daily Business Review named Appellate Practice Group Chair, Ed Guedes, and founding partner, Joseph Serota, as Most Effective Lawyers. Ed and Joe received the award, which honors lawyers in South Florida who have a track record of achieving significant victories for their clients.

The team was honored for their work representing a certified class of homeowners in an appeal related to a class action lawsuit against the Florida Department of Agriculture related to the state’s Citrus Canker Eradication Program.

Two decades of litigation has resulted from the destruction of healthy residential citrus trees by the Department, which sought to remove such trees because they had been “exposed” to citrus canker. The class of more than 97,300 homeowners asked the appellate panel to overturn a 2017 Miami-Dade Circuit Court ruling after that the Department was not liable for inverse condemnation over the destruction of the trees and had no obligation to compensate the homeowners. The Department cross-appealed a 2006 order granting partial summary judgment in favor of the homeowners on a statutory claim for alternative relief.

To read the story on the DBR, click here.

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Appellate Team Wins at Florida Supreme Court https://www.wsh-law.com/news-updates/appellate-team-wins-at-florida-supreme-court/#utm_source=rss&utm_medium=rss Tue, 24 Nov 2020 21:09:43 +0000 https://www.wsh-law.com/?p=8311 Appellate Practice Group Chair, Ed Guedes, and litigation partner, Sam Zeskind, prevailed in the Florida Supreme Court. The Supreme Court denied review in City of Aventura v. Stein, which the team previously won at the Third District Court of Appeal. The ruling upholds the validity of municipal red light camera programs against a uniformity challenge […]

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Appellate Practice Group Chair, Ed Guedes, and litigation partner, Sam Zeskind, prevailed in the Florida Supreme Court. The Supreme Court denied review in City of Aventura v. Stein, which the team previously won at the Third District Court of Appeal.

The ruling upholds the validity of municipal red light camera programs against a uniformity challenge under Chapter 316, which affects all local governments statewide operating red light camera programs and allows them to move forward with the prosecution of red light signal infractions in their jurisdictions.

 

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WSHC+B Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® https://www.wsh-law.com/news-updates/wshcb-ranked-among-best-law-firms-by-u-s-news-best-lawyers/#utm_source=rss&utm_medium=rss Fri, 06 Nov 2020 02:50:27 +0000 https://www.wsh-law.com/?p=8273 The Firm is proud to announce that U.S. News & World Report and Best Lawyers announced the release of the “Best Law Firms” rankings, naming WSHC + B to the 2021 list. The Firm is nationally ranked in two practice areas and regionally ranked in eight practice areas. The “Best Law Firms” list recognizes firms […]

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The Firm is proud to announce that U.S. News & World Report and Best Lawyers announced the release of the “Best Law Firms” rankings, naming WSHC + B to the 2021 list. The Firm is nationally ranked in two practice areas and regionally ranked in eight practice areas.

The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top five percent of practicing U.S. attorneys. The Firm had 14 lawyers selected for inclusion in The Best Lawyers in America®, including Founding Partner, Richard Weiss, who was named “Lawyer of the Year” for 2021 (click here for the full list).

Firms are ranked on a national and metropolitan scale by tiers. The Firm received the following rankings:

National Tier 1

  • Appellate Practice

National Tier 2

  • Land Use & Zoning Law

Metropolitan Tiers

Miami

  • Appellate Practice
  • Commercial Litigation
  • Government Relations Practice
  • Land Use & Zoning Law
  • Real Estate Law
  • Environmental Law

Fort Lauderdale

  • Commercial Litigation
  • Construction Law

To view the full rankings, click here.

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Ed Guedes Discusses Judge Barbara Lagoa’s Candidacy for the Vacant U.S. Supreme Court Seat https://www.wsh-law.com/news-updates/ed-guedes-discusses-judge-barbara-lagoas-candidacy-for-the-vacant-u-s-supreme-court-seat/#utm_source=rss&utm_medium=rss Tue, 22 Sep 2020 02:51:42 +0000 https://www.wsh-law.com/?p=8168 In a recent Law360 article, Appellate Practice Group Chair, Ed Guedes, discusses Judge Barbara Lagoa’s quick ascent through the appellate ranks, as she was a top contender for the vacancy created on the U.S. Supreme Court by the passing of Justice Ruth Bader Ginsburg.  Had Judge Lagoa been selected, she would have become the first […]

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In a recent Law360 article, Appellate Practice Group Chair, Ed Guedes, discusses Judge Barbara Lagoa’s quick ascent through the appellate ranks, as she was a top contender for the vacancy created on the U.S. Supreme Court by the passing of Justice Ruth Bader Ginsburg.  Had Judge Lagoa been selected, she would have become the first Cuban-American and first Floridian to sit on the high court.

“Judge Lagoa has always been a strong believer in the distinct and separate powers of each of the branches of government and the limited role of the courts,” according to Ed, who argued before Judge Lagoa many times at the Third District. “She’s a textualist,” he said. “I would try as much as possible to hew closely to the plain meaning of statutes or texts.”

Ed said he is not surprised at her rapid rise and likened her to Justice Sandra Day O’Connor, who was an Arizona appellate judge who was relatively unknown outside the state when she was appointed by President Ronald Reagan to the U.S. Supreme Court. “And yet she ends up being a tremendous justice with an amazing record on the court and a tremendous legacy, and she sort of came out of nowhere,” he said.

“It is a source of tremendous pride to me to think that someone like [Judge Lagoa] who shares a similar cultural background and went through a similar upbringing, that she would end up at the Supreme Court,” Ed said. He attended Immaculate Conception Catholic School in Hialeah at the same time as Judge Lagoa.

Read the full article, here. Please note that this article is subscription only.

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Ed Guedes Discusses the Status of Florida Appeals During COVID-19 https://www.wsh-law.com/news-updates/ed-guedes-discusses-the-status-of-florida-appeals-during-covid-19/#utm_source=rss&utm_medium=rss Fri, 28 Aug 2020 16:01:20 +0000 https://www.wsh-law.com/?p=8084 In a recent Texas Lawyer article, Appellate Practice Group Chair, Ed Guedes, discusses the status of civil appellate fillings amid COVID-19 in Florida. In Texas, civil appellate filings fell by 18% between February and June. According to Ed Guedes, things look different in Florida. “There’s plenty of appellate work that is happening. That said, at […]

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In a recent Texas Lawyer article, Appellate Practice Group Chair, Ed Guedes, discusses the status of civil appellate fillings amid COVID-19 in Florida.

In Texas, civil appellate filings fell by 18% between February and June. According to Ed Guedes, things look different in Florida. “There’s plenty of appellate work that is happening. That said, at the end of the day, the true heart if you will of appellate advocacy tends to focus on the jury trial,” Ed noted. “We haven’t heard when those might be coming along. I think it would be naive to think it would happen any time in the next six months.”

Read the full article, here.

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Ed Guedes Argues in the First District Court of Appeal Against Firearm Preemption Penalties https://www.wsh-law.com/news-updates/ed-guedes-argues-in-the-first-district-court-of-appeal-against-firearm-preemption-penalties/#utm_source=rss&utm_medium=rss Tue, 14 Jul 2020 18:22:33 +0000 https://www.wsh-law.com/?p=7702 Appellate Practice Chair, Ed Guedes, argued in the First District Court of Appeal on behalf of dozens of city and county officials and their respective governments challenging a 2011 state law that threatens penalties on city and county officials who approve gun regulations in violation of the state preemption of the field. Last year, a […]

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Appellate Practice Chair, Ed Guedes, argued in the First District Court of Appeal on behalf of dozens of city and county officials and their respective governments challenging a 2011 state law that threatens penalties on city and county officials who approve gun regulations in violation of the state preemption of the field.

Last year, a circuit court judge ruled that the Legislature has the authority to prevent local governments from passing firearm regulations, but elected officials cannot be punished merely for voting to enact local legislation. The State appealed the decision.

Local government officials argued the law had a “chilling effect” on their ability to be responsive to their constituents and enact ordinances aimed at reducing gun violence. During arguments, Ed said local governments are entitled to “absolute legislative immunity” when acting in their legislative capacity.

“This is an intrusion, a dramatic intrusion into fundamental core principles of local democracy,” he argued, emphasizing that the gun-related penalties are the only Florida law that mandates the punishment of local officials.

Read the SunSentinel article, here.

Read the Tampa Bay Times article, here.

Watch WCTV coverage of the argument, here.

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