Undeniable Appellate Experience
Matthew Struble is Board Certified in Civil Trial Law and also Appellate Practice by the Florida Bar. There are over 109,000 lawyers in the State of Florida and less than ten (10) hold these multiple Board Certifications. STRUBLE, P.A. is available to represent policyholders on appeals for property damage claims and claimants in business disputes and injury claims throughout the State of Florida. This includes entering a case as Co-counsel for Plaintiffs.
If you are interviewing law firms for your property damage claim, you should ask whether the law firm has experience handling appeals. The ability to handle an appeal is often necessary in insurance claims, including after you prevail. This is because the insurer may appeal the result, especially if the property owner’s counsel does not have the ability to handle the appeal. If your attorney cannot handle appeals, you may have to pay an appellate attorney or have reductions in your recovery amount to obtain an appellate attorney just to prevent the insurer from overturning the result already obtained. STRUBLE, P.A. has extensive experience in appeals and will be able to handle any of the insurer’s appeals. Thus, if you hire STRUBLE, P.A. for your property damage claim, you will not have to be concerned with also hiring another attorney to handle potential appeals. Matthew Struble is Board Certified in Appellate Practice by the Florida Bar and has handled over 60 appeals involving insurance claims. Some examples are below.
If you are an attorney seeking trial co-counsel or appellate counsel, you should ask the law firm you are interviewing how many appeals the firm has handled. Appeals are often lost at the trial level through failures to preserve error, and it is crucial that the trial lawyer have knowledge of appeals. Additionally, prevailing of appeal requires experience and knowledge of what arguments are most likely to be considered by the appellate court. Matthew Struble is Board Certified in Appellate Practice by the Florida Bar and has handled over 60 appeals involving insurance claims. He has handled dozens of Oral Argument including Florida’s Third DCA, Fourth DCA, Fifth DCA and the United States Eleventh Circuit. Examples of STRUBLE, P.A.’s appellate experience is below.
EXAMPLES OF OUR APPELLATE EXPERIENCE
Cook v. Florida Peninsula Insurance Company, 2023 WL 5156375
August 11, 2023
(Fla. 5th DCA )
obtained reversal of order denying leave to amend to assert claim for punitive damages based on insurer's intentional conduct and business practices.
New South Communications v. Houston Casualty Company, 2023 WL 3375530
May 11, 2023
(Eleventh Circuit)
obtained reversal of order granting summary judgment for insurer. The Eleventh Circuit held whether the insurer was prejudiced was to be determined by the jury.
Shiloh Christian Center v. Aspen Specialty Insurance Company, 65 F.4th 623
April 13, 2023
(Eleventh Circuit)
obtained reversal of order granting summary judgment for insurer. The Eleventh Circuit held that the terms of the policy controlled over other documents and damage caused by a windstorm was covered.
Amguard Ins. Co. v. Healthy Food Experts, LLC, 357 So. 3d 680
March 16, 2023
(Fla. 4th DCA)
obtained affirmance of verdict entered on claim for damage caused by collapse.
Am. Coastal Ins. Co. v. Villas of Suntree Homeowner's Ass'n, Inc., 5D21-1354, 2022 WL 1814253, at *1
June 3, 2022
(Fla. 5th DCA)
obtained affirmance of order requiring insurer to participate in appraisal).
Lemon v. People's Tr. Ins. Co., 5D21-2771, 2022 WL 1814128, at *1
June 3, 2022
(Fla. 5th DCA)
obtained reversal of trial court judgment after trial based on failure to grant the insured’s motion for directed verdict on accord and satisfaction defense.
Universal Prop. & Cas. Ins. Co. v. Motie, 335 So. 3d 205
2022
(Fla. 5th DCA)
Florida Peninsula Ins. Co. v. Cook, 324 So. 3d 946
2021
(Fla. 5th DCA)
obtained affirmance of verdict for insured on hurricane claim.
Florida Peninsula Ins. Co. v. Cook, 324 So. 3d 946
2021
(Fla. 5th DCA)
detailed note discussing improper questioning of insured during Examination Under Oath.
Frontline Ins. Unlimited Co. v. Beckman-Atl. Funeral Homes & Crematory, Inc., 318 So. 3d 572
2021
(Fla. 5th DCA)
affirmance of trial court order awarding multiplier.
Zaleski v. State Farm Florida Ins. Co., 315 So. 3d 7
2021
(Fla. 4th DCA)
review denied sub nom. STATE FARM FLORIDA INSURANCE COMPANY Petitioner(s) v. STANLEY ZALESKI, ET AL. Respondent(s), SC21-707, 2021 WL 5292345 (Fla. Nov. 15, 2021)(reversal of trial court on bad faith claim finding cause of action for bad faith and that Civil Remedy Notice was sufficient.
New S. Communications, Inc. v. Houston Cas. Co., 835 Fed. Appx. 405
2020
(11th Cir)
reversal of trial court finding insured had standing and insurer had to be prejudiced by non-compliance with policy conditions.
Sec. First Ins. Co. v. Martin, 299 So. 3d 1066
2020
(Fla. 5th DCA)
obtained affirmance of verdict for insured on hurricane claim.
Sec. First Ins. Co. v. Tarasi, 293 So. 3d 1035
2020
(Fla. 5th DCA)
reh'g denied (Apr. 16, 2020) obtained affirmance of verdict for insured on hurricane claim.
State Farm Florida Ins. Co. v. Thompson, 291 So. 3d 203
2020
(Fla. 5th DCA)
State Farm Florida Ins. Co. v. Cadet, 290 So. 3d 1090
2020
(Fla. 5th DCA)
State Farm Florida Ins. Co. v. Crispin, 290 So. 3d 150
2020
(Fla. 5th DCA)
disinterested appraiser requirement.
Cooper v. Federated Nat'l Ins. Co., 285 So. 3d 1036
2019
(Fla. 5th DCA)
holding insured entitled to requested jury instruction in bad faith trial.
State Farm Florida Ins. Co. v. Valenti, 285 So. 3d 958
2019
(Fla. 4th DCA)
finding public adjuster cannot be appraiser when ‘disinterested’ is required by policy.
Quattry v. Covington Specialty Ins. Co., 618CV1112ORL41DCI, 2019 WL 7423544
2019
(M.D. Fla. Nov. 19)
striking insurer’s affidavit.
Quattry v. Covington Specialty Ins. Co., 618CV1112ORL41DCI, 2019 WL 7423548, at *9
Oct. 30, 2019
(M.D. Fla.)
lay witness testimony can prove causation.
Underwriters at Lloyd's, London v. Sorgenfrei, 278 So. 3d 930, 931
2019
(Fla. 5th DCA)
appraisal appropriate when insurer denied claim as below deductible because claim no wholly denied.
Pascal-Guarino v. First Protective Ins. Co., 277 So. 3d 778
2019
(Fla. 5th DCA)
dismissal of declaratory judgment action for new complaint asserting breach of contract is without prejudice.
First Protective Ins. Co. v. Colucciello, 276 So. 3d 456
2019
(Fla. 5th DCA)
appraisal appropriate when insurer partially denies claim because claim no wholly denied.
Kempton v. McComb, 266 So. 3d 272, 273
2019
(Fla. 5th DCA)
reversing insurer’s claim for attorney’s fees.
Kempton v. McComb, 264 So. 3d 1180
2019
(Fla. 5th DCA)
reinstating jury verdict because insurer did not meet all elements of alcohol defense.
Sec. First Ins. Co. v. Kile, 232 So. 3d 1175
2017
(Fla. 5th DCA)
affirmance of trial court order awarding multiplier.
Roberts v. Citizens Prop. Ins. Corp., 227 So. 3d 764
2017
(Fla. 5th DCA)
insurer confessed error as to trial court order finding insured lacked standing.
Federated Nat'l Ins. Co. v. Koberling, 228 So. 3d 569
2017
(Fla. 4th DCA)
affirming order allowing public adjuster to serve as appraiser.