Case Results

The Sutton Law Group, P.A. has a strong track record of success in personal injury, criminal and commercial litigation cases.

Below is a list of the firm's successful results:

Reversed Conviction

Manofsky v. State, 354 So. 2d 1249 (Fla. 4th DCA 1978)

When a victim has made prior threats of violence to a defendant charged with the victims aggravated battery. Those prior threats are admissible so long as they are not remote in time. The trial court's denial of admissibility of prior threats and refusal to allow Sutton to ask the defendant if he had been previously convicted of a felony were grounds for reversal and new trial.

Reversed Mortgage Foreclosure

Cmty. Bank of Homestead v. Barnett Bank of the Keys, 518 So. 2d 928 (Fla. 3d DCA 1987)

John R. Sutton was the trial counsel for Community Bank in the case of Community Bank vs. Barnett Bank. The Third District Court of Appeal reversed a mortgage foreclosure when it was determined that Community Bank lost its UCC1 Security when a structural home was moved from Miami-Dade to Monroe County. The effect of the reversal was that Community Bank had priority on real property on which Barnett Bank had a first mortgage.

Shareholder Disputes

Gwendolyn Fernandez, Sheldon Barnes, Lucille Barnes v. Basil M. Yates M.D., Kathleen Yates, Travis Family partnership June 18, 2014 (Fla. 3rd DCA 2014)

This was a dispute over a six story medical office building. The remaining physician, of four original physicians and this remaining physician who remains an active neurosurgeon, complained that the opposition fifty percent (50%) shareholders of title holder Dabama Inc. and long term tenant PIH were in deadlock. The Defendants Fernandez and Barnes had placed the son of one of them in complete control of the building.

Appellee's and Cross Appellants Yates and Travis sued Fernandez and Barnes in circuit Court for Dissolution of a General partnership and for Dissolution of a corporation based upon "deadlock." The trial court found the General partnership to not be functioning, within total control of the property manager, the son of one of the building shareholders, and partners. The partnership was dissolved after Sutton represented Yates and Travis at a non jury trial.

On Appeal by Sutton Law Group's clients, Yates, and Travis the fifty percent owners of building corporate owner, Dabama Inc. and fifty percent partners in PIH were both ordered to be dissolved. The Third District Court of appeal affirmed dissolution of the partnership operating the building under a long term ninety nine year lease. the Court on Appeal reversed the denial of Dissolution of title holder Dabama Inc. The Court on Appeal found that the Property Manager, without authorization of the majority of shareholders and partners was not authorized to remove his attorney fees and costs for defense of his property manager position from the medical office building account.

Real Estate Transactional Litigation

Vandervalk v. Brewer, 436 So. 2d 1083 (Fla. 3d DCA 1983)

Vandervalk retained Sutton to evict this commercial tenant occupying five acres adjacent to State Road 826 also known as the Palmetto Expressway. Sutton successfully evicted Brewer and represented Vandervalk on appeal where the eviction was affirmed. Thereafter Brewer elected his option to purchase the land at a price no longer fairly competitive on the open market. The trial court ordered the sale because there had been an option to purchase. On Appeal Mallory Horton and John R.. Sutton successfully argued that since Brewer breached the lease by nonpayment of rent and misuse of the land he was no longer legally entitled to enforce a dependent covenant, i.e. the option to purchase, in the lease.