Civil Litigation
Whether you’re a plaintiff or defendant, our team of litigation attorneys has the knowledge and skills to effectively advocate for your rights. If you are part of a group of people affected by the same particular act, policy, or practice, then let our attorneys determine whether you qualify to represent the entire group as part of a class action lawsuit. No matter your situation, our attorneys will fight to help you achieve the resolution you deserve. Contact our office to schedule an initial consultation to discuss your case with one of our attorneys before your opponent does.
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Parnell v. School Board of Lake County, Florida
- Summary: Order granting dismissal of all claims against clients, School Board of Lake County, Florida and Superintendent Diane Kornegay. The amended complaint alleged that the School Board and Kornegay violated Plaintiffs’ First Amendment by not allowing students in grades K-3 to checkout Plaintiffs’ book, And Tango Makes Three, from their elementary school library. We successfully argued that sovereign immunity prohibited Kornegay from being held liable in her individual capacity and qualified immunity protected Kornegay from all liability in her official capacity as Superintendent. The Court also agreed with our argument that the decision to age restrict the book was purely administrative by Kornegay, and, therefore, not the result of any formal School Board policy or action.
- Jurisdiction: U.S. District Court for the Northern District of Florida
- Attorney(s): Zachary T. Broome and James A. Myers
- Date: April 25, 2024
Discount Sleep of Ocala, LLC v. City of Ocala, Florida
- Summary: Order disbursing the $79,282,909.44 common fund, which after deducting our attorney’s fees and litigation costs, resulted in each class member receiving a refund of at least 91.5972% of the illegal taxes they paid to the City since February 20, 2010.
- Jurisdiction: Circuit Court – Marion County, Florida
- Attorney(s): Derek A. Schroth, James A. Myers, and Sasha O. Garcia
- Date: May 16, 2022
- Summary: After being reversed three times over the course of 8 years, and after the City forced us to file a motion to compel, the trial court ordered the City to establish a common fund in the amount of $79,282,909.44 for the purpose of issuing refunds of illegal taxes paid by class members to the City. The size of the common fund made this the largest tax refund case in Florida history.
- Jurisdiction: Circuit Court – Marion County, Florida
- Attorney(s): Derek A. Schroth, James A. Myers, and Sasha O. Garcia
- Date: October 13, 2021
- Summary: In its third decision reversing the trial court in this case, the Fifth District Court of Appeal held “For these reasons, we reverse the final judgment, declare the City’s fire service fee an unconstitutional tax, and remand the case for establishment of a common fund to refund the illegally collected fees.” This appellate decision is the definitive ruling in Florida concerning the illegality of imposing a fire service user fee on utility customers.
- Jurisdiction: Florida’s Fifth District Court of Appeal
- Attorney(s): Derek A. Schroth, James A. Myers, and Sasha O. Garcia
- Date: January 19, 2020
- Summary: Appellate order reversing the trial court’s denial of class certification. The trial court held that our clients lacked standing and failed to meet nearly every requirement for class certification. We successfully argued our clients have standing and meet each of the class certification requirements. The Appellate Court agreed and found that the trial court abused its discretion by denying class certification. This class action lawsuit alleges that the City of Ocala has illegally taxed its water utility customers by including a fire fee on each customer’s monthly water bill.
- Jurisdiction: Florida’s Fifth District Court of Appeal
- Attorney(s): Derek A. Schroth, James A. Myers, and Sasha O. Garcia
- Date: January 5, 2018
- Summary: Appellate order reversing the trial court’s dismissal of this case with prejudice. The complaint alleged, in part, that the City of Ocala’s attempt to repeal the repeal of an ordinance was ineffective. The City moved to dismiss this case claiming the repeal of the repeal meant this lawsuit was not filed within the statute of limitations period. The trial court held that the repeal never took effect and dismissed the case with prejudice on statute of limitations grounds. We successfully argued that because the City failed to follow the proper statutory procedure for repealing the repeal of an ordinance, this lawsuit was filed within the statute of limitations period. The Appellate Court agreed and reversed the trial court’s dismissal on statute of limitations grounds.
- Jurisdiction: Florida’s Fifth District Court of Appeal
- Attorney(s): Derek A. Schroth and James A. Myers
- Date: June 17, 2016
Turner v. Lake Community Action Agency
- Summary:Order granting dismissal of action in its entirety in client’s favor. The complaint alleged that while Mr. Turner was employed by our client, Lake Community Action Agency committed gender discrimination and retaliation in violation of federal law and gender discrimination, emotional harm, negligent supervision, negligent retention, defamation, and battery in violation of Florida law. We successfully argued that Mr. Turner’s federal claims and allegations were wholly without merit. After dismissing Mr. Turner’s federal claims, the Court declined to exercise supplemental jurisdiction over Mr. Turner’s remaining state claims and dismissed the action in its entirety.
- Jurisdiction: U.S. District Court for the Middle District of Florida
- Attorney(s): Zachary T. Broome
- Date: September 2, 2014
Rowe v. First Green Bank
- Summary:Order granting dismissal with prejudice in client’s favor. The complaint alleged that Rowe was promised a five year employment contract with First Green Bank and sought damages for breach of contract, fraudulent inducement, and negligent misrepresentation. We successfully argued that all of Rowe’s claims and allegations were wholly without merit.
- Jurisdiction: Circuit Court – Lake County, Florida
- Attorney(s): Derek A. Schroth and Zachary T. Broome
- Date: June 27, 2014
Weaver v. City of Wildwood
- Summary:Order granting class certification, appointing Weaver as Class Representative, and confirming Derek A. Schroth as Class Counsel. This class action lawsuit alleges that the City has illegally taxed its water utility customers by including a police fee on each customer’s monthly water bill.
- Jurisdiction: Circuit Court – Lake County, Florida
- Attorney(s): Derek A. Schroth and James A. Myers
- Date: June 25, 2014
J. Christopher Carver, Esq. v. Kiser
- Summary:Final Judgment after trial in client’s favor. This lawsuit involved a contract dispute concerning the amount of attorney’s fees owed to a lawyer after the lawyer was fired by his former client. We successfully argued at trial that J. Christopher Carver, Esq. failed to adequately plead his case and was therefore entitled to no attorney’s fee award.
- Jurisdiction: Circuit Court – Lake County, Florida
- Attorney(s): Zachary T. Broome
- Date: June 2, 2014
Richardson v. City of Fruitland Park
- Summary:Order approving a $530,000 class action settlement, before deduction for attorney’s fees and expenses. The City was illegally taxing its water utility customers by adding a fire fee to each customer’s water bill. The City repealed the fire fee as part of the settlement.
- Jurisdiction: Circuit Court – Lake County, Florida
- Attorney(s): Derek A. Schroth and James A. Myers
- Date: April 11, 2014
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