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July 2024

GRSM Miami Appellate Team Awarded Fees Following Affirmance of Prior Trust Litigation Victory

A Gordon Rees Scully Mansukhani Miami-based appellate and trust litigation team, led by Partners David Gersten and Joseph Sacher, obtained a successful affirmance of a lower court's disqualification of opposing counsel and entitlement to attorneys' fees and costs.

In 2021, Sacher and Gersten conducted a periodic remote bench trial seeking to disqualify opposing counsel in eight related trust lawsuits, where the plaintiff’s counsel previously provided legal services to the lead defendant and their family’s longstanding real estate businesses. After a hard-fought bench trial, the trial court issued a detailed, nearly 50-page order determining that disqualification was required based on uncontested evidence. Following the decision and a subsequent rehearing and affirmance, the opposing party moved to disqualify the trial judge and appealed the ruling.

More than two years later, following a full appellate briefing, including competing motions for attorneys’ fees, Florida's Third District Court of Appeal affirmed the lower court’s decision in its entirety. The appellate court also awarded GRSM’s client’s entitlement to attorneys’ fees and costs and denied the opponent’s competing motion. 

“We knew our clients were right from the beginning and that the disqualification was necessary, not just factually and legally, but also ethically,” said Sacher, who led the trust litigation and is a Co-Chair of GRSM’s Estate & Trust Litigation practice group. “Even so, it’s good to finally have the appellate court agree and vindicate all of these hard-fought efforts. The clients are thrilled,” said Gersten, former Chief Judge of Florida's Third Court of Appeal. 

GRSM's Appellate practice group, working in tandem with the Estate & Trust Litigation practice group, continues to demonstrate its commitment to legal excellence. This success further solidifies the firm's reputation for navigating complex legal landscapes and achieving favorable outcomes for its diverse clientele.

David M. Gersten
Joseph A. Sacher



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