AMUNDSEN & SMITH
  502 East Park Avenue 
  Post Office Box 1759 (32302-1759)
  Tallahassee, Florida 32301
  Tel (850) 425-2444 
  Fax (850) 425-2447

APPELLATE PRACTICE 
Paul H. Amundsen and Julia E. Smith are members of the Appellate Practice Section of the Florida  Bar.   The firm has represented clients in Florida district courts of appeal, the Supreme Court of Florida, and United States Circuit Courts of Appeals for the Eleventh Circuit and the District of Columbia Circuit.

Recent reported decisions wherein the firm served as lead appellate counsel: 

Residential Plaza at Blue Lagoon, Inc. v. Agency for Health Care Administration, 891 So. 2d 604 (Fla. 1st DCA 2005).  The court reversed the Agency for Health Care Administration’s denial of an assisted living facility’s extended congregate care license and awarded appellate attorney’s fees, finding that the agency’s action that precipitated the appeal was a “gross abuse of discretion.”

Bay Point Club, Inc. v. Bay County, 890 So. 2d 256 (Fla. 1st DCA 2004),  petition for review denied, Case No. SC05-0260 (May 11, 2005).  The court affirmed, en banc, the Florida Land and Water Adjudicatory Commission’s finding that a developer’s non-regional changes to a development of regional impact are inconsistent with the local government’s comprehensive land use plan, thereby receding from the court’s recent prior decision in Edgewater Beach Owners Association, Inc. v. Walton County, 833 So. 2d 215 (Fla. 1st DCA 2002).

Bethesda Healthcare System v. Agency for Healthcare Administration, 829 So. 2d 353 (Fla. 1st DCA 2002).  Successfully defended Administrative Law Judge’s Final Order upholding the validity of an agency rule.  Represented health care facility in trial below. 

Seal v. Brown, 801 So. 2d 993 (Fla. 1st DCA 2001).  Successfully obtained reversal of trial court’s summary judgment.  Represented plaintiff below in action to rescind sale of real estate.

Friends of Nassau County, Inc. v. Nassau County, 752 So. 2d 42 (Fla. 1st DCA 2000).  Successfully obtained reversal of Administrative Law Judge’s award of attorneys’ fees against petitioner and petitioner’s counsel.  Did not represent parties in proceedings below.

 


 
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