Bowen|Schroth is committed to providing results. Below you will find a collection of judicial orders and opinions that reflect our level of commitment to achieving the best outcome possible for our clients. Please contact Bowen|Schroth to obtain further details regarding the facts and circumstances of these cases or any questions concerning these cases, and how the outcomes could potentially assist in a resolution in your case.
Discount Sleep of Ocala, LLC, et. al. v. City of Ocala, Florida [PDF]
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
Attorneys:
Derek A. Schroth, James A. Myers & Sasha Garcia
Date:
January 19, 2020
Discount Sleep of Ocala, LLC, et. al. v. City of Ocala, Florida [PDF]
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 5th District Court of Appeal 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
Attorneys:
Derek A. Schroth, James A. Myers & Sasha Garcia
Date:
January 5, 2018
Discount Sleep of Ocala, LLC, et. al. v. City of Ocala, Florida [PDF]
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 5th District Court of Appeal agreed and reversed the trial court’s dismissal on statute of limitations grounds.
Jurisdiction:
Florida’s Fifth District Court of Appeal
Attorneys:
Derek A. Schroth & James A. Myers
Date:
June 17, 2016
Turner v. Lake Community Action Agency [PDF]
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, Middle District of Florida
Attorneys:
Zachary T. Broome
Date:
September 2, 2014
Rowe v. First Green Bank [PDF]
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 in and for Lake County, Florida
Attorneys:
Derek A. Schroth & Zachary T. Broome
Date:
June 27, 2014