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:

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

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

Weaver v. City of Wildwood [PDF]

Summary:

Order granting class certification, appointing Weaver as Class Representative, and confirming Derek A. Schroth as Class Counsel. This class action lawsuit alleges that the City has illegally taxed its water utility customers by including a police fee on each customer’s monthly water bill.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth & James A. Myers

Date:

June 25, 2014

J. Christopher Carver, Esq. v. Kiser [PDF]

Summary:

Final Judgment after trial in client’s favor. This lawsuit involved a contract dispute concerning the amount of attorney’s fees owed to a lawyer after the lawyer was fired by his former client. We successfully argued at trial that J. Christopher Carver, Esq. failed to adequately plead his case and was therefore entitled to no attorney’s fee award.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Zachary T. Broome & Todd J. Mazenko

Date:

June 2, 2014

Richardson et al. v. City of Fruitland Park [PDF]

Summary:

Order approving a $530,000 class action settlement, before deduction for attorney’s fees and expenses. The City was illegally taxing its water utility customers by adding a fire fee to each customer’s water bill. The City repealed the fire fee as part of the settlement.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth & James A. Myers

Date:

April 11, 2014

Richardson et al. v. City of Fruitland Park [PDF]

Summary:

Order granting class certification and appointing Michael and Nancy Howard as Class Representatives.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth & James A. Myers

Date:

September 12, 2014

Richardson et al. v. City of Fruitland Park [PDF]

Summary:

Order limiting communications with potential class members. We successfully argued that the City had improperly communicated with potential class members.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth & James A. Myers

Date:

April 15, 2013

Henns v. MONY Life Insurance Company of America [PDF]

Summary:

Amended Judgment in client’s favor in the amount of $978,620.64, before deduction for attorney’s fees and expenses. We successfully argued that MONY Life Insurance Company of American owed our client the full policy benefits, attorney’s fees, costs, and interest.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Derek A. Schroth

Date:

May 7, 2012

Henns v. MONY Life Insurance Company of America [PDF]

Summary:

Order granting summary judgment in client’s favor in the amount of $650,000, before deduction for attorney’s fees and expenses. The lawsuit successfully challenged MONY Life Insurance Company of America’s denial of a life insurance claim following the death of our client’s husband.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Derek A. Schroth

Date:

December 1, 2011

Owner-Operator Independent Drivers Association, Inc. v. 4 Points Logistics, LLC [PDF]

Summary:

Order granting summary judgment in client’s favor and denying class certification. We successfully defeated this significant class action lawsuit brought by Washington D.C. lawyers.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Lennon E. Bowen, III & Derek A. Schroth

Date:

July 13, 2007

Bennett v. Havill [PDF]

Summary:

Final Judgment after trial in client’s favor. This lawsuit challenged the tax assessment on a single tract of land partially located within the boundaries of three different counties. We successfully argued that, because the Lake County Property Appraiser failed to follow Florida law, our client’s property assessment was inaccurate and our client was over-taxed.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth

Date:

March 28, 2006

Gagnon v. Service Trucking, Inc. [PDF]

Summary:

Order approving a confidential class action settlement. The class action lawsuit alleged that Service Trucking, Inc. violated Federal Motor Carrier Truth-in-Leasing regulations.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Lennon E. Bowen, III & Derek A. Schroth

Date:

February 3, 2004

Timmers v. Alaran, Inc. [PDF]

Summary:

Order granting summary judgment in favor of Alaran, Inc. This lawsuit was brought by an individual homeowner who claimed Alaran, Inc. constructed buildings in violation of the deed restrictions and sued to have the buildings torn down. We successfully argued that Alaran, Inc. constructed the buildings with Architectural Control Committee approval and, therefore, the deed restrictions did not require Alaran, Inc. to remove the buildings.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth

Date:

June 22, 2003

Gagnon v. Service Trucking, Inc. [PDF]

Summary:

Order denying arbitration under the Federal Arbitration Act. We successfully argued that the arbitration clause in a lease agreement between Gagnon and Service Trucking, Inc. was unenforceable under Federal law. This order was subsequently vacated as part of the confidential class action settlement.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Lennon E. Bowen, III & Derek A. Schroth

Date:

May 1, 2003

Gagnon v. Service Trucking, Inc. [PDF]

Summary:

Order limiting communications with potential class members. We successfully argued that Service Trucking, Inc. had improperly communicated with potential class members and that Service Trucking, Inc. should issue a curative notice.

Jurisdiction:

U.S. District Court, Middle District of Florida

Attorneys:

Lennon E. Bowen, III & Derek A. Schroth

Date:

February 4, 2003

Shamrock Homes v. Parker Floors [PDF]

Summary:

Order reversing directed verdict and remanding case for new trial. This lawsuit involved a contract dispute over whether a general contractor was liable for defective products installed by a subcontractor. We successfully argued that a general contractor is not liable for defective products installed by a subcontractor.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth

Date:

November 12, 2002

Royal Trails Property Owners Association, Inc. v. Kelly [PDF]

Summary:

Final Judgment after trial in favor of Royal Trails Property Owners Association, Inc. This lawsuit concerned a home that was constructed in violation of the deed restrictions. We successfully argued at trial that the proper remedy for such a violation was the complete removal of the home.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorneys:

Derek A. Schroth

Date:

August 2, 2002

Shamrock Homes, Inc., et al. v. City of Eustis [PDF]

Summary:

Class action lawsuit over unlawful wastewater charges. We successfully overturned an unlawful practice and obtained refunds for all of the class members.

Jurisdiction:

Circuit Court in and for Lake County, Florida

Attorney:

Derek A. Schroth

Date:

June 25, 2001

Disclaimer

 Our past results have not been reviewed or approved by The Florida Bar.

 The facts and circumstances of your case may be different than the representative past results we provided.

 We have not provided past results from every case we have handled.

 The past results we have provided are not necessarily representative of the experience of all clients or others with Bowen & Schroth, P.A.

 Results may not be typical and most cases result in a lower recovery.

 It should not be assumed that your case will have as beneficial a result.

 BY CHECKING THE ABOVE BOXES, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND EACH OF THE ABOVE STATEMENTS AND I WOULD LIKE TO VIEW BOWEN & SCHROTH, P.A.'S PAST RESULTS.

 I DO NOT WANT TO VIEW THE BOWEN & SCHROTH, P.A.'S PAST RESULTS.