RICHARD A. SHERMAN, SR. APPELLATE ATTORNEY

SAMPLING OF MULTI-MILLION DOLLAR APPEALS HANDLED BY MR. SHERMAN

Representing the defense interests on appeals
across the State of Florida, for over 30 years.

Richard Sherman has handled over 150 appeals involving over $1 million each;
15 appeals involving over $10 million; and 5 appeals involving over $15 million. 
The following is a sampling of some of the multi-million dollar cases.

Sarkis v. Allstate Insurance Company, 863 So. 2nd 210 (Fla 2003); Allstate Insurance Company v. Sarkis, 809 So. 2nd 6 (Fla. 5th DCA 2002) (Two appeals).
Mr. Sherman won the famous Sarkis case in the Florida Supreme Court, which held that multipliers can not be awarded for attorney’s fees in Proposal for Settlement cases. This has saved the insurance industry tens of millions of dollars.

Servello & Sons, Inc. v. Sims, 922 So. 2nd 234 (Fla. 5th DCA 2005); Review Denied September 8, 2006, Supreme Court Case No. SC06-574 (Two appeals).
$3 million dollar Judgement reversed and reduced to $1 million dollars, for a savings of $2 million dollars. The jury found the defendant was 34% at fault, and each of the two plaintiffs were 33% at fault for the accident, and awarded $3 million dollars in damages. The trial court post-Verdict, struck the finding of comparative negligence and entered Judgment for $3 million dollars. On appeal, I had the Fifth District reverse this, such that Judgment was only entered for $1 million dollars, for a savings of $2 million dollars. The Florida Supreme Court denied review.

Aguiles v. M.G. Construction, Inc., 11th Judicial Circuit Court, Case No. 93-16985, March 10, 1999 (Miami).
$18.5 million Verdict, reversed on post-trial motions for a new trial, then settled for a minimal amount.  The Plaintiff was brain damaged when the car in which she was riding went into a canal, which she alleged should have had a guard rail, and the jury returned a Verdict of $1.5.

Von Stetina v. Florida Medical Center, 474 So. 2d 783 (Fla. 1985)(Ft. Lauderdale).
(Two appeals)
$17 million Judgment reversed for a new trial.  This was a highly publicized medical malpractice case in which jury returned a verdict for $12.5 million, and an attorney’s fee judgment was entered for an additional $4.4 million, for a total of $17 million.  Reversed in the Florida Supreme Court for a new trial.

LRX v. Horizon, 842 So. 2d 881 (Fla. 4th DCA 2003); 859 So. 2d 514 (Fla. 2003)(Ft. Lauderdale). 
(Three appeals)
$12 million Judgment reversed for a new trial.  The jury returned a verdict against a major land developer, which with attorney’s fees and interest was over $12 million, and I had this reversed for a new trial.

Zorc v. Jordan, 765 So. 2d 768 (Fla. 4th DCA 2000)(Vero Beach).
(Two appeals)
$4.7 million Verdict reversed to enter a Directed Verdict for the defendant.  A businessman became embroiled in a dispute with the Mayor of Vero beach and sent out several flyers about the Mayor, who was then defeated for reelection.  The Mayor sued for libel and slander, and received a Judgment for $4.7 million.  I had this reversed on appeal to enter a Directed Verdict for the Defendant.

Harrell and Publix Supermarkets, Inc. v. Mayberry, 754 So. 2d 742(Fla. 2d DCA 2000)(Tampa). 
(Two appeals)
$7 million Jury Verdict reversed for a new trial.  An automobile and a Publix truck were involved in an intersectional collision and two automobile passengers were killed, and the third was seriously injured.  A Jury Verdict was returned for $7 million, and I was successful in having the Court of Appeal reverse for a new trial.

Santa Fe Development Corporation v. Randolph, 506 So. 2d 18 (Fla. 3d DCA 1987)(Miami). 
(Two appeals)
$4.5 million indemnity Judgment reversed for no liability. The jury returned a Verdict of $4.5 million dollars against Santa Fe Development Corporation, but found no liability against my defendant Teitelbaum Construction.  Santa Fe appealed the Jury Verdict in favor of Teitelbaum, which I had affirmed on appeal.  Santa Fe then recovered a Judgment for indemnity against Teitelbaum, and I had this reversed on appeal, such that Teitelbaum did not have any liability for this Verdict.

City of Miami v. Perez, 509 So. 2d 343 (Fla. 3d DCA 1987)(Miami).
$3.25 million Verdict reversed to enter a Directed Verdict for the defendant.  I had a Jury Verdict of $3.25 million dollars reversed on appeal to enter a Directed Verdict for the defendant.  The case involved an injury on a job site, and the Verdict was returned against the landowner for the injuries, but I had this reversed for a Directed Verdict.

Budget Rent-A-Car Systems, Inc. v. Bennett, 847 So. 2d 579 (Fla. 3d DCA 2003)(Miami). 
(Two appeals)
Statute upheld, which saved the defense interests hundreds of millions of dollars.  This case involved the recent statute which abrogated vicarious liability for automobiles.  I received a ruling from the Third District Court of Appeal that the statute was constitutional, and then I had this affirmed by the Florida Supreme Court.  This case saved hundreds of millions of dollars for the defense interests.

Kaufman v. Lassiter, 616 So. 2d 491 (Fla. 4th DCA 1993)(Palm Beach). 
(Three appeals)
Specific performance of $1.68 million shopping center, trial court refused to grant specific performance for sale of a shopping center for $1.68 million dollars, and on appeal the Fourth District reversed and ordered the shopping center to be sold for $1.68 million dollars.

MM Venture v. Masterpiece, 559 So. 2d 314 (Fla. 3d DCA 1990) (Miami).
$9 million Verdict reduced by $6 million, to $3 million.  In a jewelry theft case there was a Judgment for fraud and negligence of $3 million, plus punitive damages of $6 million, for a total of $9 million.  I reversed the fraud and punitive damages, and therefore reduced the Judgment to $3 million, a savings of $6 million.

International Insurance Company v. Ballon, 403 So. 2d 1971 (Fla. 4th DCA 1981)(Palm Beach). 
(Four appeals)
$11 million defense Verdict reinstated.  Jewelry robbery case worth approximately $11 million.  After a three week trial, the jury returned a verdict for Defendants.  The trial judge then ordered a new trial.  I reversed this on appeal with instructions to reinstate the jury verdict for Defendants.

Hartford Accident and Indemnity Company v. Travelers Indemnity Company, 554 So. 2d 559 (Fla. 1st DCA 1989)(Pensacola); 529 So. 2d 694 (Fla. 1988); 519 So. 2d 1059 (Fla. 1st DCA 1988). 
(Three appeals)
$18 million bad faith Verdict settled on appeal.  I handled three appeals and numerous trial court activities involving a bad faith Judgment of $16 million, which with interest was over $18 million.  It eventually was settled on appeal for a substantial amount.

St. Paul Fire and Marine Insurance Company v. Welsh, 501 So. 2d 54 (Fla. 4th DCA 1987)(Ft. Lauderdale).
$4 million Verdict reversed for a new trial.  A bad faith Verdict of $4 million dollar Judgment was reversed on appeal for a new trial.

Cadillac Motor Car Division of General Motors v. Brown, 428 So. 2d 321 (Fla. 3d DCA 1983)(Miami). 
(Two appeals)
$1.75 million Verdict reversed to enter Directed Vedict for defendant.  A jury verdict for the Plaintiff for $1.75 million, which at the time of appeal, with interest, was over $2 million.  Reversed with instructions to enter Judgment for Defendant, General Motors. 

Hartford v. Mathis, 511 So. 2d 601 (Fla. 4th DCA 1987)(Palm Beach). 
(Two appeals)
$4.5 million Verdict reduced by $1.5 million.  A $4.5 million Verdict was reduced on appeal to $3 million; a saving of $1.5 million.

Biscayne Medical Center, Inc. v. Ortiz, 438 So. 2d 842 (Fla. 3d DCA 1983)(Case No. 82-2235)(Miami).
Jury verdict for $2 million, reduced by $1.2 million to $800,000.  Extensive post-trial proceedings handled by the undersigned in which the trial judge eventually entered a remittitur of $800,000 (a reduction of $1.2 million).

Surface v. Alliance, Third District (Case No. 81-2498)(Miami).
Jury verdict for $2.7 million, reduced by $2 million to $700,000.  Extensive port-trial proceedings handled by the undersigned in which the trial judge eventually entered a remittitur to $700,000 (a reduction of $2 million).

Souchanchak v. Eli Lilly, 370 So. 2d 819 (Fla. 3d DCA 1979, cert. denied, 383 So. 2d 1202 (Fla. 1980)
(Florida statewide impact). 
(Two appeals)
$20 million class action negated by Summary Judgment for the defendant.  Case involving drug DES in which cancer was contracted.  This case involved approximately twenty Plaintiffs plus a count for a class action.  Case value of approximately $20 million.  Summary judgment for Defendants based on the statute of limitations; affirmed on appeal and in the Florida Supreme Court.

Hewko v. Genovese, 739 So. 2d 1189 (Fla. 4th DCA 1999)(Palm Beach). 
(Two appeals)
$2 million Directed Verdict upheld.  A Judgment was entered against the insured for $2 million dollars, and the insured then filed suit against the insurance defense attorney for the $2 million dollar Verdict, for legal malpractice.  A Directed Verdict was entered for the defendant in the trial court, and I affirmed this on appeal.