Cases
- Yellow Cab Company v. Ewing by and through Jones, 225 So.2d 302 (Fla 3d DCA 2017)
A dismissal of an untimely appeal of an amended final judgment correcting a scrivener’s error.
- Acquisition Trust Company, LLC v. Laurel Pinebrook, LLC, 226 So.3d 325 (Fla. 2d DCA 2017)
A successful appeal of a trial court’s dismissal with prejudice without leave to amend in a case involving a claim of an improper exercise of a right of first refusal.
- Inside the Art of Craftmanship Corp. v. Design Center of the Americas, 237 So.3d 378 (Fla. 4th DCA 2018)
Represented a landlord in an appeal where the appellate court affirmed a final judgment of possession against a commercial tenant who did not deposit rent into the court registry during the pendency of the case, despite the tenant’s argument that the payment deadline fell on a day when the court was closed.
- United States v. Estelle Stein, 881 F.3d 853 (11th Cir. 2018)
An en banc decision by the Eleventh Circuit Court of Appeals that overturned more than thirty years of circuit precedent. The earlier rule held that a taxpayer could not rebut the IRS’s presumption of correctness and defeat a motion for summary judgment based solely on an uncorroborated, self-serving affidavit. The Eleventh Circuit determined that an otherwise admissible affidavit may be sufficient to create a genuine dispute of material fact and defeat summary judgment, even if the affidavit is self-serving and uncorroborated.
- Fields v. Toussie, 295 So.3d 1191 (Fla. 4th DCA 2020)
Rosenthal Law Group represented a judgment creditor in post-judgment proceedings involving the domestication of a foreign judgment exceeding $8,000,000. The judgment debtor failed to comply with discovery in aid of execution and disregarded multiple court orders requiring the production of discovery. As a result, the court issued a Writ of Bodily Attachment against the debtor. The debtor appealed the order, and the Fourth District Court of Appeal affirmed the trial court’s issuance of the writ.
- Off the Wall & Gameroom LLC v. Gabbai, 301 So.3d 281 (Fla. 4th DCA 2020)
Represented a party in an appeal challenging a trial court order that denied a motion to compel arbitration. In a matter presenting an issue not previously addressed by the court and carrying significant implications, the appellate court reversed the denial of arbitration. The decision concluded that minors who obtain a contract through fraudulent conduct may still be bound by the agreement and may not rely on the “infancy defense” to avoid enforcement. The court also held that reasonable reliance is not a required element for a fraud claim under the circumstances presented.
- Liberty Mutual Insurance Company v Wolfson, 299 So.3d 28 (Fla. 4th DCA 2020)
Represented the plaintiff on appeal following a $1.6 million verdict and final judgment in an underinsured motorist case obtained on the client’s behalf. The insurer sought reversal of the entire verdict. The appellate court affirmed the verdict while allowing the insurer’s requested setoffs.
- GFA International, Inc. v Eric Trillas and Trillas Consulting Engineers, 327 So.3d 872 (3d DCA 2021)
The firm represented employer GFA International in litigation against its former employee, Eric Trillas, and his company, Trillas Consulting Engineers, seeking enforcement of non-competition and non-solicitation agreements. The trial court denied the employer’s motion for a temporary injunction. The firm appealed that ruling to the Third District Court of Appeal. The appellate court reversed the denial and directed the trial court to enter the temporary injunction. In its decision, the court rejected the employee’s argument that the employer lacked a legitimate business interest in protecting the line of business because the employee claimed he originally brought that line of work to the company. The court also rejected the argument, accepted by the trial court, that the agreement should not be enforced so the employee could continue working in storm damage and engineering services during the pandemic. In reversing the trial court, the Third District Court of Appeal cited Florida’s non-compete statute, Section 542.335, which provides: “In determining the enforceability of a restrictive covenant, a court … [s]hall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought.”
- Jacob Taylor and Studygate, LLLC v. Studygate, Inc., Simpletense, Inc. and Jinyao Zhao, 2025 WL 1658205 (S.D. Fla. June 3, 2025)
- In a notable victory, our firm successfully represented nonresident defendants in a complex case before the United States District Court for the Southern District of Florida, resulting in the dismissal of all claims for lack of personal jurisdiction. The case involved a $675,000 asset purchase agreement for Studygate.com, where plaintiffs alleged breach of contract, fraud, and related tort claims under Florida law. Through strategic motion practice and a robust defense at an evidentiary hearing, we demonstrated that the defendants lacked sufficient contacts with Florida to satisfy the state’s long-arm statute or due process requirements. The firm’s meticulous preparation and effective challenge to the plaintiffs’ jurisdictional allegations led to the court granting our motion to dismiss, showcasing our expertise in navigating intricate jurisdictional disputes and protecting our clients’ interests.
- Venture Investment Group II, LLC v. Nurish.me, Inc., , Case No. 2020-010773-CA-01, 11th Judicial Circuit in Miami-Dade County, a case involving a claim for breach of two promissory notes. The firm successfully obtained summary Judgment in the amount of $7,889,660.79 for its client.
- Watson v. Adecco Employment Services, Inc., 252 F.Supp.2d 1347 (M.D.Fla. 2003)
One of the first cases ever to establish the limitation on liability of a temporary staffing firm for employment discrimination against a temporary employee by a customer of the temporary staffing firm.
- Briceno v. Sprint Spectrum, L.P., 911 So.2d 176, (Fla. 3d DCA 2005)
A seminal case in Florida involving the ability to bind parties to standard contractual terms referenced by incorporation and posted on the internet.
- Martin v. Florida Power and Light Co., 909 So.2d 555 (Fla 4th DCA 2005)
The first case in Florida to establish the duty of utilities in underground damage cases
- Harty v. SRA/Palm Trails Plaza, LLC, 2010 WL 5128954 (S.D. Fla. 2010)
A case which clarified that an ADA plaintiff lacks standing to complain about barriers that he did not encounter and is not entitled to perform a post-filing inspection of areas within a property that were not encountered by him prior to the filing of the complaint
- Maya v. Omnicare, Inc., 2010 WL 2889569 (S.D. Fla. 2010)
A case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in controversy is merely based on speculation
- Design Center of the Americas, LLC v. Mike Bell, Inc., 2014 WL 5343630 (S.D. Fla. 2014)
A case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in the complaint is not alleged to be more than $75,000 and the sole basis for the removal is the amount at issue in the defendant's counterclaim. The decision was the first published opinion in the Southern District of Florida that clarified the rule that the counterclaim is irrelevant when determining the amount in controversy in a removal setting.
- Almany Investors, Ltd. v. Nextel South Corp., 2015 WL 74091 (S.D. Fla. 2015)
Mr. Rosenthal successfully obtained a summary judgment defeating a claim for breach of lease by a rooftop lessor on behalf of Nextel South Corp.
- Gunter v Sprintcom, Inc., 2016 WL 1619892 (M.D. Fla. April 15, 2016)
Successfully compelled arbitration on behalf of Sprint in an action filed by a customer pursuant to the arbitration agreement contained in the Terms and Conditions of Service.
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