Bretton Albrecht, Caryn Bellus, and Bill Bissett, obtained an affirmance of a final defense summary judgment in favor of our client, the Law Firm of Akerman, LLP in Tien v. Akerman, LLP, Case No. 3D19-0281. (Fla. 3d DCA, May 5, 2021).
Tell me about it:
• The pro se Plaintiff filed suit against Akerman following a 2010 incident in which he was escorted from the lobby of Akerman’s office by building security.
• Plaintiff claimed the security guard injured him in the course of forcibly removing him from the building.
• Various grounds were raised by summary judgment motion on behalf of Akerman including that Plaintiff’s claims based on the building security guard’s conduct in escorting him off the premises were barred by virtue of the jury’s verdict in a related federal action filed by Plaintiff against the security guard’s employer and that the guard was not Akerman’s employee.
• Plaintiff claimed the security guard injured him in the course of forcibly removing him from the building.
• Various grounds were raised by summary judgment motion on behalf of Akerman including that Plaintiff’s claims based on the building security guard’s conduct in escorting him off the premises were barred by virtue of the jury’s verdict in a related federal action filed by Plaintiff against the security guard’s employer and that the guard was not Akerman’s employee.
What did appellate court do:
• Rejected Plaintiff’s arguments challenging a key discovery order, holding that he failed to show any abuse of discretion on the record or to adequately preserve his arguments for appellate review.
• Rejected as unpreserved Plaintiff’s various arguments claiming the trial court erred by not granting him a continuance of the summary judgment hearing.
• Concluded that Plaintiff’s challenge to the eight partial summary judgments on his damages claims were “rendered moot” by the affirmance of the final summary judgment on liability for Akerman.
• Rejected as unpreserved Plaintiff’s various arguments claiming the trial court erred by not granting him a continuance of the summary judgment hearing.
• Concluded that Plaintiff’s challenge to the eight partial summary judgments on his damages claims were “rendered moot” by the affirmance of the final summary judgment on liability for Akerman.
KD’s appellate attorneys are available to assist you with questions about Florida’s new summary judgment standard and/or any other issues.
