In a five-day span during September of 2023, Mr. Brownlee had two oral arguments before Florida's Sixth District Court of Appeal. He prevailed in both appeals.
Johnson v. Garrett
In Johnson v. Garrett, Mr. Brownlee challenged a $1.8 million judgment entered against his clients after a jury trial in a premises liability case. Mr. Brownlee argued the case never should have reached a jury because his clients (a property owner and a leasing company) did not owe a duty to the plaintiff.
Specifically, Mr. Brownlee argued that because his clients did not control or have a right to control security at the business where the shooting occurred, his clients had no duty to the plaintiff.
Walk Off Home Run
The Sixth District Court of Appeal agreed and not only vacated the $1.8 million verdict, but also held that Mr. Brownlee's clients were entitled to judgment in their favor.
At The Brownlee Law Firm, we call this a "walk off home run."
It is rare to get a jury verdict vacated - that's the home run. When that happens, the case is typically sent back for a new trial or further proceedings in the trial court.
But it is especially rare to get a verdict vacated AND to have the appellate court say the appellant is entitled to judgment in his or her favor, and that no further proceedings are necessary in the trial court - that's the "walk off."
Here is the oral argument and the opinion:
Opinion 2023-1205
Cape Coral Loan Acquistions, LLC v. 924 Del Prado, LLC
In Cape Coral Loan Acquisitions, LLC v. 924 Del Prado, LLC, 372 So.3d 785 (Fla. 6th DCA 2023), Mr. Brownlee challenged a trial court ruling that the statute of limitations prevented Mr. Brownlee's client from enforcing over $3 million in loans his client made but which were never paid back.
Mr. Brownlee argued the trial court misinterpreted the parties' settlement agreement, where the defendants specifically waived the right to present any defenses if Mr. Brownlee's client had to sue to enforce the loans.
The Sixth District Court of Appeal agreed, reversed the judgment against Mr. Brownlee's client, and remanded the case to the trial court to allow Mr. Brownlee's client to enforce the loans.
Here is the oral argument and the opinion:
Opinion 2023-0401
Appellate Litigation Specialists
Appellate specialization is necessary to successfully navigate Florida's Sixth District Court of Appeal. The Brownlee Law Firm specializes in both civil and criminal appeals at the state and federal level.
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