The appellate attorneys at Mills Paskert Divers are experienced in handling all types of civil and administrative appeals. Our attorneys have been involved in appeals to the United States Supreme Court, the Florida Supreme Court, and various other state and federal appellate courts.
Mills Paskert Divers believes that its clients’ needs are best satisfied by appellate attorneys who have participated in and fully understand all phases of litigation, including civil trial work. Accordingly, in addition to performing the traditional roles of brief preparation and oral argument, our appellate attorneys work directly with the firm’s litigation attorneys on various trial matters. As a result, it is common for the firm’s appellate attorneys to actively assist in preparation of substantive legal memoranda and, when necessary, at trial. In addition, the firm’s appellate attorneys assist the litigation attorneys in the presentation of issues and preservation of error during the trial process.
Florida’s Fourth District Court of Appeal recently had the opportunity to provide much needed guidance on the issue of whether a statutory motor vehicle dealer bond caps the surety’s liability for plaintiff’s attorneys’ fees at the penal sum of the bond. Unfortunately, the court found another issue to be dispositive and declined to rule on the attorneys’ fees issue.October 21, 2013
In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., Case No. 1:15-cv-22403-RNS (S.D. Fla. December 12, 2016), Arch Insurance Company (“Arch”) sued John Moriarty & Associates of Florida, Inc. (“Moriarty”) seeking a declaration that there was no coverage under a performance-and-payment bond (“Bond”) that Arch issued on a project naming Moriarty as the obligee. Moriarty was the general contractor and sought $995,239.83 from Arch, under the performance side of the Bond, related to alleged shortfalls of the subcontractor/principal.October 21, 2013