Litigation

Mrs. Mallory has over 30+ years litigation experience having handled several hundred trials, including jury trials in state and federal courts. Martindale-Hubbell has designated Mrs. Mallory as a Top Rated Lawyer in Litigation.

The following is a sample of cases she has tried:

Peoples First Community Bank v. Sunnyside Homes of Rockledge, Inc.; 18th Judicial Circuit, Brevard County Case No. 05-2003-CA-49915; Mrs. Mallory represented Peoples First Community Bank in an appointment of Receivership action and foreclosure of a multi-million dollar assisted living facility. The living facility countersued for lender liability and she successful defeated their claims. Circuit Judge: T. Mitchell Barlow, now deceased. Opposing counsel: David A. Gunter, Esq; Mark C. Filburn, Esq.; and Nancy E. Brandt, Esq.

Peoples First Community Bank v. RNR Investments Limited Partnership; 1st Judicial Circuit, Okaloosa County Case No. 00-3372 CA; Mrs. Mallory represented Peoples First Community Bank. Reported appellate decision: RNR Investments Limited Partnership v. Peoples First Community Bank, 812 So. 2d 561 (Fla. 1st DCA 2002); Mrs. Mallory successfully foreclosed on a partnership’s multi-million dollar development project. The case was appealed by the defendants and upheld. The case is a seminal case in interpreting the Florida Revised Uniform Partnership Act and stands for the proposition that a mortgagee could rely on a general partner’s apparent authority, unless the mortgagee had actual knowledge or notice of restrictions on that authority. Absent actual knowledge, a third party has no duty to inspect a partnership agreement. Circuit Judge: Thomas T. Remington; Co-counsel: Timothy M. Warner, Esq.; Opposing counsel: Darrin R. Schutt, Esq.

Re. A. Children: 14th Judicial Circuit, Bay County Juvenile Dependency Court; Client - HRS n/k/a Dept. of Children & Families; The facts involved pedophile father and removal of 5 children from the home. All the children testified. Several years later the father was prosecuted by the State Attorney and convicted and sentenced to life in prison. Circuit Judge: Judy Pittman Biebel; Opposing counsel: Richard D. Ogburn, Esq.

Re. F. Child: 14th Judicial Circuit, Bay County Juvenile Dependency Court; Client - HRS n/k/a Dept. of Children & Families; The facts involved death/murder of sibling by father and mother’s knowledge of child’s condition prior to death and delay in medical treatment. Surviving sibling was removed from the home and father’s rights terminated. Circuit Judge: Judy Pittman Biebel; Opposing counsel: Richard D. Ogburn, Esq., and Sandra Adkins, Esq. 

Re. W. Children: 14th Judicial Circuit, Bay County Juvenile Dependency Court; Client - HRS n/k/a Dept. of Children & Families; The facts involved a mother with Munchausen by Proxy and removal of children from the home. Circuit Judge: Judy Pittman Biebel; Opposing counsel: Richard D. Ogburn, Esq.

Re. V. Children: 14th Judicial Circuit, Bay County Juvenile Dependency Court; Client - HRS n/k/a Dept. of Children & Families; The facts involved murder of third party in presence of children and removal of the children from the home. Circuit Judge: Judy Pittman Biebel; Opposing counsel: Richard D. Ogburn, Esq.

If you have questions or need assistance with any of your litigation needs, please contact us at (850)747-8131 or by email to setup an appointment.