Saalfield Shad, P.A. obtained two favorable rulings from the Florida First District Court of Appeal during the week of September 24-28, 2018.
The first case involved an intricate choice of law issue regarding whether and how the Georgia statute of limitations would be applied by a Florida court. The underlying slip and fall accident occurred in Georgia. However, the firm’s Florida-based clients were sued in a Florida state court. In the trial court, shareholder Joseph Stokes successfully argued that the Georgia statute of limitations barred the action because service of process was not made on the firm’s clients within the statute of limitations period, or sufficiently close to the limitations period’s expiration. On appeal, the plaintiffs argued that service of process is a procedural matter, and under choice of law principles, a Florida court should not consider that portion of the Georgia statute of limitations. The plaintiffs further argued that Georgia’s renewal statute could be applied to make their case timely. Attorney Will Stone authored the appellate brief opposing the plaintiffs’ contentions. Without holding oral argument, the First District Court of Appeal entered a per curium opinion affirming the dismissal of the case against Saalfield Shad’s clients.
The second matter involved the application of the four-year medical malpractice statute of repose found in section 95.11(4)(b), Florida Statutes, to an allegedly negligent diagnosis of colon cancer. The plaintiff contended that her health care providers failed to give her critical information about a colonoscopy in 2010 in which no cancer was found, and four years later she was diagnosed with colon cancer. Shareholder Jenifer Worley obtained a dismissal in the trial court. On appeal, the case was briefed by Stone, who also presented oral argument to the First District Court of Appeal. Three days after the oral argument hearing, the First District Court of Appeal issued a per curium opinion affirming the trial court’s order of dismissal.
“We are very pleased with the outcome of these two matters,” said Stokes, managing partner of the firm. “The appeals were well prepared and achieved great results for our clients.”
As an independent Jacksonville-based civil litigation law firm the attorneys at Saalfield Shad have represented self-insured entities and insurance companies in North Florida for decades. The firm’s lawyers have extensive trial experience in state and federal courts, exceptional litigation skills, and diversified practices. With deep local ties in the community, they have built a reputation for successful representation, proactive and personalized counsel, and outstanding client service.
Disclaimer: Prior results achieved by Saalfield Shad, P.A. do not guarantee a similar outcome for other clients.