Appellate

One way to judge a firm’s litigation strength is through its history of appellate decisions. Becker has been involved in nearly 300 appellate cases. We are not newcomers to the field of litigation and appellate work, and particularly real estate litigation. Our case list shows our leadership on a wide range of issues including Constitutional issues, the applicability of federal anti-trust laws, statutory construction, and director liability. Other cases involve zoning, site plan, easement, and permitting issues. Finally there are our many $1,000,000+ construction litigation victories, along with a leading case in which our form of complaint in construction litigation was adopted by the appellate court as the proper model, which many other  law firms have used ever since. Our Appellate lawyers are always available to provide litigation support and counsel on procedural and substantive issues before and during a trial, and in preparation for a possible appeal.

Representative Cases

  • Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida (2018), which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
  • Obtained a ruling by Fourth District Court of Appeal in Lyons v. Lyons (2015), which held for the first time that a married grantor of homestead property cannot challenge the deed she signed without joinder by her husband because she lacked standing to do so.
  • Prevailed on appeal on behalf of a transportation service provider in a bid protest dispute arising out of Broward County’s award of a shuttle bus contract for Fort Lauderdale-Hollywood International Airport, in Academy Express, LLC v. Broward County (2011).
  • Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point (2010).
  • Prevailed at trial and on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a parcel of property located in Palm Beach County, in DK Arena, Inc. v. E.B. Acquisitions I, LLC (2010). The decision affirmed the trial court’s finding that Mr. King breached obligations in a dispute concerning a $23-million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
  • Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.