Appellate Cases

March 27, 2015

Feldman v. Archer, 2015 WL 1407659 (Fla. 2d DCA 2015)

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court for Sarasota County of an Order dismissing the Complaint for lack of personal jurisdiction. Law Firm of James L. Essenson for Appellee. Affirmed.


May 2, 2014 

Policichio v. Lutheran Services of Florida, Inc., 138 So.3d 1034 (Fla. 2d DCA 2014)

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court for Sarasota County of an Order awarding Guardian’s fees and costs. Law Firm of James L. Essenson for Appellee. Affirmed.


January 31, 2014               

Gyorgy v. Gyorgy, 132 So.3d 834 (Fla.2d DCA 2014)           

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court for Sarasota County of an Order involving the standing of family members in a declaratory action. Law Firm of James L. Essenson for Appellee. Affirmed.


August 23, 2013                 

Fintak v. Fintak, 120 So.3d 177 (Fla. 2d DCA 2013)

Published opinion. Settlor of self-settled inter vivos trust brought action against trustees alleging, among other things, that the trust was invalid due to undue influence and lack of testamentary capacity. After settlor died, and personal representative of his estate was substituted as the plaintiff, the Circuit Court, Sarasota County, granted trustees’ motion for summary judgment as to the undue influence and lack of testamentary capacity claims. Personal representative appealed. Law Firm of James L. Essenson for Appellant. Reversed and remanded.


June 26, 2009                    

Kruse v. Homes by DeRamo, Inc., 11 So.3d 950 (Fla. 2d DCA 2009)

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court for Sarasota County of final judgment and previous orders. Law Firm of James L. Essenson for Appellants/Cross-Appellees. Affirmed.


March 6, 2009                     

Syprett v. Essenson, 3 So.3d 1259 (Fla. 2d DCA 2009)

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court for Sarasota County of an Order awarding fees and costs to Ward’s attorney. Law Firm of James L. Essenson for Appellee. Affirmed.


November 28, 2007           

In re Guardianship of Morrison, 972 So.2d 905 (Fla. 2d DCA 2007)

Published opinion. After incapacitated person’s longtime companion and girlfriend sought guardianship and other relief in New Jersey, incapacitated person’s adult daughter sought guardianship in Florida. Girlfriend filed competing petitions for guardianship in Florida. The Circuit Court, Manatee County, denied the girlfriend’s motions to remove daughter as emergency guardian, and entered an order determining total incapacity. A New Jersey court entered an order recognizing jurisdiction and the girlfriend’s standing in the matter, and girlfriend moved for revocation of appointment of daughter as emergency guardian, or for a stay of proceedings. The Circuit Court denied the motions. Girlfriend appealed. Law Firm of James L. Essenson for Appellee. Reversed.


December 28, 2005           

Crown Outdoor Advertising, Inc. v. Department of Transp., 917 So.2d 869 (Fla. 2d DCA 2005)

Unpublished disposition. Appeal from the Secretary of the Department of Transportation of a final administrative order denying appellants’ outdoor advertisement sign site permit applications. Law Firm of James L. Essenson for Appellants. Affirmed.


December 17, 2003           

Essenson v. Lutheran Services Florida, Inc., 862 So.2d 869 (Fla. 2d DCA 2003)

Published opinion. Following affirmance of adjudication of incapacity, ward’s attorney petitioned for appellate attorney fees and costs. The Circuit Court, Sarasota County, denied the petition. Attorney appealed. Law Firm of James L. Essenson for Appellant. Reversed.


February 26, 1997             

Essenson v. Polo Club Associates, 688 So.2d 981 (Fla. 2d DCA 1997)

Published opinion. Servient estate brought action for declaratory judgment on its rights and duties under agreement establishing restrictive covenant and to vacate judgment enjoining it from violating conditions of agreement. The Circuit Court, Sarasota County, granted summary judgment for servient estate, and dominant estate appealed. James L. Essenson of Law Firm of James L. Essenson as Appellant. Reversed and remanded.


June 12, 1996                     

Whitesell v. Whitesell, 685 So.2d 1344 (Fla. 2d DCA 1996)

Published opinion. Husband appealed from dissolution judgment entered by the Circuit Court, Sarasota County. The District Court of Appeal held that trial court erred in dissolution proceeding by awarding five-percent interest in husband’s nonmarital property to wife as part of equitable distribution, instead of making equitable distribution of property’s appreciation. Law Firm of James L. Essenson for Appellant. Affirmed in part, reversed in part, and remanded.


June 9, 1995                       

Sarka v. O’Brien, 657 So.2d 1173 (Fla. 2d DCA 1995)

Unpublished disposition. Appeal from the Twelfth Judicial Circuit Court of Sarasota County. Law Firm of James L. Essenson for Appellee. Affirmed.


August 5, 1994                   

Batchin v. Barnett Bank of Southwest Florida, 647 So.2d 211 (Fla. 2d DCA 1994)

Published opinion. Mortgagee brought action to foreclose and following mortgagor’s death mortgagor’s son sought injunction and relief from foreclosure. The Circuit Court for Sarasota County vacated temporary injunction and denied relief. Law Firm of James L. Essenson for Appellee. Reversed and remanded.


January 15, 1993               

O’Brien v. Sarka, 613 So.2d 47 (Fla. 2d DCA 1993)

Published opinion. After estate beneficiary intervened unsuccessfully in suit by guardian to collect fees from personal representative, attorney fees were awarded against beneficiary by the Circuit Court, Sarasota County, and beneficiary and her attorney appealed. The District Court of Appeal held that beneficiary’s motion for intervention was not completely untenable so as to support award of attorney fees. Law Firm of James L. Essenson for Appellant. Reversed.


October 6, 1992                  

Perfumania Holding Corp. v. XL/Datacomp, Inc., 605 So.2d 976 (Fla. 3d DCA 1992)

Published opinion. Proposed financer of computer equipment purchase brought action against buyer and seller, alleging that buyer’s return of equipment to seller constituted conversion. Buyer also brought action against seller for indemnity and against financer for breach of contract. The Circuit Court, Dade County, entered partial summary judgment for buyer, and appeal was taken. The District Court of Appeal held that: (1) financer was liable for breach of contract, and (2) release precluded buyer’s indemnity claim against seller. Law Firm of James L. Essenson for Appellee/Cross-Appellant, X/L Datacomp, Inc. Reversed.


July 8, 1992                         

Carteret Sav. Bank, F.A. v. Weiner, 601 So.2d 1310 (Fla. 4th DCA 1992)

Published opinion. Mortgagee filed complaint for foreclosure of mortgage securing home equity line of credit. The Circuit Court, Broward County, denied complaint, reinstated mortgage, and abated interest. Mortgagee appealed. The District Court of Appeal held that: (1) bank’s honoring of separate requests by husband and wife to first close and then reopen home equity line of credit account, during time when both parties presented checks that consumed balance of equity line of credit, did not result in “novation” of equity line of credit agreement in mortgage, so as to bar subsequent foreclosure on mortgage, and (2) wife’s conveyance of her interest in home to husband did not relieve her of her obligation under note so as to preclude foreclosure. Law Firm of James L. Essenson for Appellant. Reversed and remanded.


May 22, 1992                       

McCabe v. McCabe, 600 So.2d 1181 (Fla. 5th DCA 1992)

Published opinion. Husband filed petition for dissolution of marriage and moved for an ex parte temporary injunction to prevent the wife from removing children from the court’s jurisdiction and to award the husband temporary custody. The Circuit Court for Hernando County denied wife’s motion to divest the trial court of jurisdiction, and wife appealed. The District Court of Appeal held that: (1) questions existed as to whether wife of alleged Florida resident was a resident of Florida for jurisdictional purposes under the facts of the case; (2) husband’s service of process was void under Florida long-arm statute; and (3) trial court improperly determined that it had subject-matter jurisdiction to decide child custody matters without examining the issue under Uniform Child Custody Jurisdiction Act provisions. Law Firm of James L. Essenson for Appellant. Vacated and remanded.


January 28, 1992               

Florida East Coast Properties, Inc. v. Best Contract Furnishings, Inc., 593 So.2d 560 (Fla. 3d DCA 1992)

Published opinion. Seller of restaurant furnishings sued seeking to execute on furnishings sold to tenant. Landlord moved to intervene, contending that its landlord’s lien and its rights under lease agreement were superior to execution lien. The Circuit Court, Dade County, ruled in favor of seller, and landlord appealed. The District Court of Appeal held that: (1) judgment against seller in replevin action barred by res judicata seller’s claim resting on right of reclamation, and (2) landlord was third party entitled to rely on statute providing that person with voidable title has power to transfer good title to good faith purchaser for value, in view of lease provision that landlord would retain possession of furnishings upon termination of lease. Law Firm of James L. Essenson for Appellees. Reversed and remanded.


February 7, 1990                

Carver v. Johnson, 556 So.2d 516 (Fla. 2d DCA 1990)

Published opinion. Ex-wife filed suit against former husband’s widow to impose constructive trust on insurance proceeds received by widow. Widow moved to dismiss complaint for failing to allege legally sufficient basis for exercise of court’s long-arm jurisdiction. The Circuit Court, Sarasota County, denied motion, and widow appealed. The District Court of Appeal held that allegations in ex-wife’s complaint were legally insufficient to invoke trial court’s long-arm jurisdiction. Law Firm of James L. Essenson for Appellant. Reversed and remanded.


June 17, 1987                     

Smith v. State, Dept. of Health and Rehabilitative Services, 509 So.2d 1157 (Fla. 2d DCA 1987)

Published opinion. Appeal from nonfinal order of the Twelfth Judicial Circuit Court for Sarasota County. Law Firm of James L. Essenson for Appellant. Affirmed.