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FRANK A. SHEPHERD

PROFESSIONAL ASSOCIATION

frank@franksheplaw.com

Judicial Cases

Judge Shepherd has written over 500 opinions during his judicial career. Below are examples of opinions in all of the areas of law in which he has experience, organized alphabetically by subject. Please select the opinion topic you wish to read more about.

PAST EXP

Administrative Law

Attorney's Fees

Banking & Corporate Law

Civil/Criminal Contempt

Civil Rights/Discrimination

Counsel Misconduct

Creditor's Rights

Criminal/Juvenile Sex Offender

Default Judgements

Employment Contracts

Forum Non Conveniens

Insurance Coverage

Magnusson Moss Auto Warranty Act

Mechanics Liens

Medical Malpractice

Negligent Security/Spoliation

Personal Jurisdiction

Real Property/Real Estate

Soverign Immunity

Summary Judgement

Administrative Law

Admin Law

Humana Medical Plan, Inc. v. Reale, 189 So. 3d 195 (Fla. 3d DCA 2015) (Medicare Advantage Organization must exhaust administrative appeals process before being subject to judicial review). 12/02/2015

Village of Key Biscayne v. Dept. of Environmental Protection, 206 So. 3d 788 (Fla. 3d DCA 2016) (appeal of environmental permit allowing installation of temporary docks to support Miami Marine Boat Show) 11/09/2016

City of Sunny Isles Beach v. Publix Super Markets, Inc., 996 So. 2d 238 (Fla. 3d DCA 2008) (jurisdiction of circuit court to review land use opinion of city attorney before exhaustion of all administrative remedies) 11/26/2008

Arbitration

Arbitration

Giller v. Cafeteria of South Beach, Ltd., LLP., 967 So. 2d 240 (Fla. 3d DCA 2007) (arbitrability of professional malpractice claim against architect) 04/29/2007

Estate of Orlanis v. Oakwood Terrace Skilled Nursing and Rehabilitation Center, 971 So. 2d 811 (Fla. 3d DCA 2007) (waiver by nursing home of arbitration by engaging in discovery) 08/29/2007

Attorney's Fees

Attorney's Fees

Sanchez v. State Farm Florida Ins. Co., 997 So. 2d 1209 (Fla. 3d DCA 2008) (whether statutory attorneys’ fees must be awarded under a mandatory statute where fees are de minimis) 12/24/2008

Banking & Corporate Law

Bank & Corp

Banco Bilbao Vizcaya Argentaria v. Easy Luck Co., Inc., 208 So. 3d 1241 (Fla. 3d DCA 2017) (application of Uniform Commercial Code to forged bank draft) 01/21/2017

Morales v. Rosenberg, 919 So. 2d 476 (Fla. 3d DCA 2006) (valuation of shares in closely held corporation under Florida Corporation Act) 10/12/2005

Civil/Criminal Contempt

Civil Crim Contempt

Baratta v. Costa-Martinez, 139 So. 3d 407 (Fla. 3d DCA 2014) (appeal of an order holding a father in civil contempt for failing to pay temporary attorneys fees to mother) 05/21/2014

Michaels v. Loftus, 139 So. 3d 324 (Fla. 3d DCA 2014) (appeal of an order holding counsel in direct criminal contempt for court room conduct) 04/02/2014

Lo v. Lo, 878 So. 2d 424 (Fla. 3d DCA 2004) (criminal and civil contempt proceedings against former husband) 06/30/2004

Civil Rights/Discrimination

Civ Rights Discrim

Housing Opportunities Project, etc. v. SPV Realty, LC, 212 So. 3d 419 (Fla. 3d DCA 2016 (application of Florida Fair Housing Act to housing discrimination case) 12/21/2016

St. Louis v. Florida Intern. University, 60 So. 3d 455 (Fla. 3d DCA 2011) (race discrimination) 03/30/2011

Class Actions

Class Actions

Safeway Premium Finance Company v. Sosa, 15 So. 3d 8 (Fla. 3d DCA 2009) (reversal of order certifying class action for violation of premium financing statute rev’d 73 So.3d 91) 04/08/2009

Browning v. Angelfish Swim School, Inc., 1 So. 3d 355 (Fla. 3d DCA 2009) (reversal of order certifying class action in claim made under Art. I, §17 as an excessive fee or penalty) 01/28/2009

Tire Kingdom v. Dishkin, 81 So. 3d 437 (Fla. 3d DCA 437) (propriety of class treatment of claim against automobile repair shops for deception and overcharging customers in violation of state law) rev’d 124 So. 3d 804 (Mem) 07/06/2011

Kia Motors America Corp. v. Butler, 985 So. 2d 1133 (Fla. 2008) (class action under Magnusson Moss Warranty Act) 06/11/2008

Counsel Misconduct

Counsel Misconuct

Chin v. Caiaffa, 42 So. 3d 300 (Fla. 3d DCA 2010) (reversal of jury verdict based upon improper conduct of trial counsel) 08/04/2010

Creditor's Rights

Creditor's Rights

Moffatt & Nichol, Inc. v. B.E.A. Intern. Corp., Inc., 48 So. 3d 896 (Fla. 3d DCA 2010) (effect of statutory assignment for benefit of creditors under Chapter 727, Fla. Stat. on pre-existing creditor’s claim) 10/20/2010

Criminal/Juvenile Sex Offender

Sex Offender

Wromas v. State, 208 So. 3d 218 (Fla. 3d DCA 2016 (removal of sexual offender designation under “Romeo and Juliet Law.”) 11/09/2016

Daubert Rule

Daubert Rule

Perez v. Bell South Telecommunications, Inc.,138 So. 3d 492 (Fla. 3d DCA 2014) (first case applying Daubert rule in Florida) 04/23/2014

Default Judgements

Default Judge

Lazcar International, Inc. v. Caraballo, 957 So. 2d 1191 (Fla. 3d DCA 2007) (discussing grounds for setting aside default judgment) 03/21/2007

Eminent Domain

Eminent Domain

City of Sunny Isles Beach v. Cavalry Corp., 208 So. 3d 1247 (Fla. 2017) (appeal from a denial of a new trial in an eminent domain case) 01/25/2017

Employment Contracts

Emp Contracts

University of Miami v. Frank, 920 So. 2d 81 (Fla. 3d DCA 2006) (interpretation of compensation provisions of medical school professor) 01/18/2006

Forum Non Conveniens

Forum Non Conveniens

Tananta v. Cruise Ships Catering Services Int’l, N.V. & Costa Crociere, 909 So. 2d 874 (Fla. 3d DCA 2004) (application of doctrine of forum non conveniens to crew members of cruise ships injured outside waters of the United States) 12/22/2004

WEG Industrias, S.A. v. Compania de Seguros Generales Granai, 937 So. 2d 248 (Fla. 3d DCA 2006) (dismissal of case on ground of forum non conveniens) 09/06/2006

Homestead

Homestead

Aronson v. Aronson, 81 So. 3d 515 (Fla. 3d DCA 2012) (effect of devise of homestead held in trust) 02/01/2012

Willens v. Garcia, 53 So. 3d 1113 (Fla. 3d DCA 2011) (re-assessment of homestead property for ad valorem tax purposed under Art. VII, §6, Fla. Const.) 01/26/2011

Quiroga v. Citizens Property Ins. Corp., 34 So. 3d 101 (Fla. 3d DCA 2010) (proceeds of insurance recovery resulting from damage to homestead property are exempt from levy under Art. X, §4, Fla. Const.) 04/07/2010

Phillips v. Hirshon, 958 So. 2d 425 (Fla. 3d DCA 2007) (cooperative apartment not homestead for purpose of Art. X, §4, Fla. Const.) 05/02/2007

Immigration

Immigration

In re B.R.C.M, 182 So. 3d 749 (Fla. 3d DCA 2015) (use of state dependency laws to facilitate Special Juvenile Immigration Status for unaccompanied minors crossing the border) 12/30/2015

Insurance Coverage

Insur Coverage

Homeowners Choice Property and Casualty v. Maspons, 211 So. 3d 1067 (Fla. 3d DCA 2017) (analysis of insurance coverage under a homeowner’s insurance policy) 01/18/2017

Meritplan Ins. Co. v. Perez, 963 So. 2d 771 (Fla. 3d DCA 2007) (interpretation of requirements necessary to receive replacement cost reimbursement under insurance policy) 07/11/2007

Labor Law

Labor Law

United Teachers of Dade v. School Dist. of Miami-Dade County, 68 So. 3d 1003 (Fla. 3d DCA 1003) (validity of provision of collective bargaining agreement prohibiting non-union members from having representation at teacher “conferences-for-the record.”) 09/07/2011

City of Coral Gables v. Coral Gables Walter Strathers Lodge of F.O.P., 976 So. 2d 57 (Fla. 3d DCA 2008) (validity of retaliation claim by police union against City under Public Employees Relations Act) 02/06/2008

City of Miami Beach v. Public Employees Relations Commission, 937 So. 2d 226 (Fla. 2006) (addressing whether collective bargaining agent must pay copying costs of documents for use in collective bargaining negotiations) 09/01/2006

Land Use

Land Use

City of Sunny Isles Beach v. Publix Super Markets, Inc., 996 So. 2d 238 (Fla. 3d DCA 2008) (jurisdiction of circuit court to review land use opinion of city attorney before exhaustion of all administrative remedies) 11/26/2008

Magnusson Moss Automobile Warranty Act

Mag Auto Act

Ocana v. Ford Motor Co., 992 So. 2d 319 (Fla. 3d DCA 2008) (liability of motor vehicle manufacturers to vehicle owners and lessees under Magnusson Moss Warranty Act) 10/01/2008

Kia Motors America Corp. v. Butler, 985 So. 2d 1133 (Fla. 2008) (class action under Magnusson Moss Warranty Act) 06/11/2008

San Martin v. DaimlerChrysler Corp., 983 So. 2d 620 (Fla. 3d DCA 2008) (determination of who is the prevailing party under Magnusson Moss Warranty Act for purpose of award of fees and costs) 04/23/2008

Maritime

Maritime

Tananta v. Cruise Ships Catering & Servs. Int'l., N.V., 909 So. 2d 874 (Fla. 3d DCA 2004) (whether foreign seaman may sue cruise line for injuries suffered in foreign waters) 12/22/2004

Leslie v. Carnival Corp., 22 So. 3d 561 (Fla. 2008) (validity of a home venue provision in cruise ship passenger contract) 01/02/2008

Paradise Divers, Inc. v. Upmal, 943 So. 2d 812 (Fla. 3d DCA 2006) (limited waivers of attorney-client and work product privilege in maritime case) 09/27/2006)

Mechanics Liens

Mechanics Liens

Parc Central Aventura East Condominium v. Victoria Group Services, LLC, 54 So. 3d 532 (Fla. 3d DCA 2011) (propriety of imposition of mechanics lien against condominium association and 100+ unit owners for non-payment of sums allegedly due for maintenance and security services) 01/19/2011

Medical Malpractice

Medical Malpractice

Nieves v. Viera, 150 So. 3d 1236 (Fla. 3d DCA 2014) (compliance with pre-suit requirements in medical malpractice case) 11/19/2014

Public Health Trust of Miami-Dade County v. Rolle, 88 So. 3d 191 (Fla. 3d DCA 2011) (certiorari review of order denying county hospital’s defense of medical malpractice claim based upon sovereign immunity and Florida’s Good Samaritan Act) 09/28/2011

Buck v. Chin, 19 So. 3d 1132 (Fla. 3d DCA 2009) (quashing order requiring medical doctor to produce all evidence of IME related income) 10/14/2009

North Miami Medical Center, Ltd. v. Miller, 896 So. 2d 886 (Fla. 2005) (extent of financial responsibility of hospital for medical malpractice judgment against doctor with staff privileges who elected not to carry insurance) 03/02/2005

Municipal Law

Municipal Law

Miami-Dade County v. Village of Pinecrest, 994 So. 3d 456 (Fla. 2008) (Fla. 3d DCA 2008) (ballot title and summary review of proposed amendment to county charter) 10/31/2008

City of Coral Gables v. Coral Gables Walter Strathers Lodge of F.O.P., 976 So. 2d 57 (Fla. 3d DCA 2008) (validity of retaliation claim by police union against City under Public Employees Relations Act) 02/06/2008

City of Coral Gables Code Enforcement Bd.v. Tien, 967 So. 2d 963 (Fla. 3d DCA 2007) (application of ordinance re docking of yachts by Code Enforcement Board) 10/10/2007

Miami Dade County v. Fernandez, 905 So. 2d 213 (Fla. 2005) (code enforcement action against individuals operating party business in area not zoned for the purpose) 05/11/2005

Negligence/Negligent Security/Spoliation

Negligence Security

Ortega v. Belony, 185 So.3d 538 (Fla. 2015) (review of sufficiency of non-economic damage award in personal injury case) 12/30/2015

Wilson-Greene v. City of Miami, 208 So. 3d 1271 (Fla. 3d DCA 2017) (affirming summary judgment in premises liability case) 01/25/2017

GEICO General Insurance Company v. Dixon, 209 So. 3d 77 (Fla. 2017) (admissibility of evidence and recoverability of damages in automobile accident case) 01/04/2017

Encarnacion v. Lifemark Hospitals of Florida, 211 So. 3d 275 (Fla. 3d DCA 2017) (affirming summary judgment in hospital negligence case) 02/01/2017

G4S Secure Solutions, USA, Inc. v. Golzar, 208 So. 3d 204 (Fla. 3d DCA 2016) (liability of private security company for violation of high school student’s “right of privacy” in her home.) 11/09/2016

School Board of Miami-Dade County v. Martinez-Oller, 167 So. 3d 451 (Fla. 3d DCA 2015) (whether school board was negligent in failing to disseminate information about prior disciplinary history of student who injured another student) 04/08/2015

Milton v. Reyes, 22 So. 3d 624 (Fla. 3d DCA 2009) (reversal of personal injury judgment for failure to include jury instruction requiring future economic damages to be reduced to present value) 10/07/2009

Perez v. La Dove, Inc., 964 So. 2d 777 (Fla. 3d DCA 2007) (claim for damages for spoliation of evidence) 09/12/2007

Personal Jurisdiction

Personal Juris

Casita, L.P. v. Maplewood Equity Partners, L.P., 960 So. 2d 854 (jurisdiction of court over defamation action where statements were not published in Florida) 07/11/2007

Real Property/Real Estate

Real Estate

Dadd v. Houde, 176 So. 3d 347 (Fla. 3d DCA 2015) (adverse possession in a boundary dispute) 09/09/2015

Russell Post Properties, Inc. v. Leaders Bank, 159 So. 3d 348 (Fla. 3d DCA 2015) (validity of offers of judgment in real estate commission dispute) 03/11/2015

Strategic Empowerment for Economic Development, Inc. v. South Dade Realty, Inc., 14 So. 3d 260 (Fla. 3d DCA 2009) (effect of lis pendens on proceeds of sale of real estate) 07/29/2009

Ness Racquet Club, LLC v. Renzi Holdings, Inc., 959 So. 2d 758 (Fla. 3d DCA 2007) (validity of lis pendens based on claim for interest in real property based upon unrecorded agreement) 05/23/2007

Recusal

Recusal

Great American Ins. Co. v. 2000 Island Blvd. Condominium Ass’n, Inc., 153 So. 3d 384 (Fla. 3d DCA 2014) (prohibition – recusal) 12/17/2014

Sovereign Immunity

Soverign Immunity

Miccosukee Tribe of Indians of Florida v. Bermudez, 93 So. 3d 232 (Fla. 2012) (waiver of sovereign immunity by Indian tribe) 05/23/2012

Brown v. McKinnon, 964 So. 2d 173 (Fla. 3d DCA 173) (right of Community Action Agency director to immunity from suit) 08/01/2007

Summary Judgement

Sum Judgement

Bradley v. Cooper, 40 So. 3d 846 (Fla. 3d DCA 846) (reversal of summary judgment where federal summary judgment rule would have authorized affirmance) 07/14/2010

Taxation

Taxation

Willens v. Garcia, 53 So. 3d 1113 (Fla. 3d DCA 2011) (application of Save Our Homes cap on assessment of real property under Article VII, §6(a), Fla. Const.) 01/26/2011

Tobacco

Tobacco

Stein v. R.J. Reynolds Tobacco Co., 137 So. 3d 1126 (Fla. 3d DCA 355) (appeal of order denying motion to add consortium plaintiff in a tobacco case) 03/26/2014

Wills & Trusts

Wills & Trusts

Rocca v. Boyansky, 80 So. 3d 377 (Fla. 2012) (validity of will must be determined before admitting will into probate) 02/01/2012

Reid v. Estate of Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011) (reformation of trust in probate case) 03/23/2011

McMullen v. Bennis, 20 So. 3d 890 (Fla. 3d DCA 2009) (reversal of probate order determining beneficiaries before determination of validity of will) 09/02/2009

LaCalle v. Barquin, 987 So. 2d 1245 (Fla. 3d DCA 2008) (establishment of lost or destroyed will in probate) 08/13/2008

Gurfinkel v. Josi, 972 So. 2d 927 (Fla. 3d DCA2007) (validity of an amendment to Revocable Trust under color of a durable power of attorney) 12/12/2007

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