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Appellate

One way to judge a firm's litigation strength is through its history of appellate decisions. Becker & Poliakoff has been involved in nearly 300 appellate cases. We are not newcomers to the field of litigation and appellate work, and particularly real estate litigation. Our case list shows our leadership on a wide range of issues including Constitutional issues, the applicability of federal anti-trust laws, statutory construction, and director liability. Other cases involve zoning, site plan, easement, and permitting issues. Finally there are our many $1,000,000+ construction litigation victories, along with a leading case in which our form of complaint in construction litigation was adopted by the appellate court as the proper model, which many other  law firms have used ever since. Our Appellate lawyers are always available to provide litigation support and counsel on procedural and substantive issues before and during a trial, and in preparation for a possible appeal.

Representative Cases

  • Domantay v. United States, 988 So.2d 1098 ( Fla. 2d DCA 2008) The firm prevailed on behalf of federal government agency in appeal of judgment entered in mortgage foreclosure action.
  • Van Hook v. The Residences at Coconut Point, LLC, 364 Fed.Appx. 549, 2010 WL 381363 (11th Cir. 2010) The firm prevailed on behalf of land developer in obtaining reversal of final judgment entered by trial court in favor of purchaser in case arising under federal ILSA statute.
  • DK Arena, Inc. v. E.B. Acquisitions I, LLC, 31 So.3d 313 (Fla. 4th DCA 2010) The firm prevailed on behalf of real estate developer in breach of contract suit against famed boxing promoter Don King regarding parcel of property located in Palm Beach County; decision affirmed trial court's finding that Mr. King breached obligations in dispute concerning $23 million purchase and sale agreement for real estate. This case also firmly established precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
Name Title Phone V-Card Email Office
Evan B. Berger Senior Attorney 954.364.6055 Ft. Lauderdale
Lilliana M. Farinas-Sabogal Shareholder 305.351.1077 Miami
Steven B. Lesser Shareholder 954.985.4137 Ft. Lauderdale
David H. Rogel Shareholder 305.260.1015 Miami
Gary C. Rosen Managing Shareholder 954.985.4133 Ft. Lauderdale
Gary M. Schaaf Office Managing Shareholder, Tampa Bay 813.527.3900 Tampa Bay
John P. Townsend Senior Attorney 850.664.2229 Ft. Walton Beach
Daniel L. Wallach Shareholder 954.965.5049 Ft. Lauderdale