Strategic advocacy that protects what matters most – your project.
At Shubin Law Group, appellate work is both an extension of our trial practice and a distinct discipline in its own right. Our lawyers handle appeals arising from complex real estate, land use, and commercial disputes- sometimes as the trial counsel who built the record, and sometimes as the appellate advocates trusted by other firms to take the case forward.
We bring deep familiarity with Florida’s legal precedent, legislation, and regulatory scheme that shape property law. Our approach is strategic and precise: we distill the key issues, refine them for the appellate forum, and present persuasive arguments grounded in both the law and the practical realities of development.
Whether defending a hard-won judgment or challenging an adverse ruling, we engage early with trial counsel to preserve appellate issues, strengthen the record, and position each matter for the best possible outcome on review.
Our appellate practice draws on the same insight that defines our firm’s work at every stage: deep understanding of the land use process, disciplined advocacy, and a commitment to advancing our clients’ long-term objectives.
- Successfully represented condominium unit owners in litigation challenging the validity of the condominium association’s amendments to a condominium declaration, resulting in a ruling that the amendments to the declaration’s termination provision were invalid and that the retroactive application of the Florida termination statute unconstitutionally impaired contract rights under the declaration. The matter was successfully litigated at both the trial court and appellate levels resulting in the Third District’s Tropicana opinion, which is considered a seminal case in condominium law.
- Successfully represented an easement parcel owner in litigation brought by a condominium association challenging the validity of the governing easement declaration for a parking garage. Secured victories for the client at both the trial and appellate court levels.
- Successfully represented the owner of property at Grove Isle in multiple litigation matters, at both the trial and appellate court levels, involving disputes related to the property’s redevelopment. After extensive proceedings, the matter was resolved through a comprehensive settlement agreement.
- Successfully represented a property owner and its successors in trial and appellate litigation against a homeowner’s association in disputes concerning the redevelopment of property that included a former golf course. After years of litigation (at both the trial and appellate court levels), the disputes were resolved through a comprehensive settlement agreement.
- Successfully represented several national banks, as securities intermediaries holding life insurance policies, in litigation against an insurer challenging the validity of the policies. The matters were litigated in federal trial court and on appeal, following certification of key questions to the Florida Supreme Court.
- Successfully represented the owner of The Bath Club, an exclusive social club on Miami Beach, in connection with litigation against the adjoining condominium association, achieving favorable outcomes at both the trial and appellate court levels.
- Represented Miami Freedom Park, LLC in an appeal challenging the City of Miami’s approval of agreements for the development of a new soccer stadium and mixed-use project. The Third District Court of Appeal affirmed the trial court’s ruling in favor of the City and Miami Freedom Park, allowing the project to move forward.
- Represented the Village of Key Biscayne in an appeal arising from a dispute with the City of Miami over the construction and permitting of floating boat docks near the Rickenbacker Causeway.
- Weiss v. Ransom Everglades School, Inc. (Fla. 3d DCA 2023): Represented Ransom Everglades School, Inc., in an appeal involving the trial court’s adjudication of claims involving alleged breach of contract and alleged covenants running with the land, resulting in affirmance of the dismissal of all claims against Ransom.
- Secured reversal of orders requiring the City of Miami to litigate an action alleging its participation in a civil conspiracy and vindicated the City’s right to sovereign immunity protection on appeal (included two oral arguments).
- Successfully obtained per curiam affirmance for a Miami-based civil construction firm, denying opposing party’s effort to shift responsibility for attorneys’ fees in litigation connected to a $158 million public contract.
- Represented luggage wrapping company as the winning bidder in connection with an eight-year, $76 million airport concession contract, successfully defending against an appeal by a losing bidder seeking to overturn a non-final order denying temporary injunctive relief, which was dismissed on motion.
- Litigated a complex action to invalidate a golf course use restriction asserted against more than 200 individual defendants, involving an issue of first impression under Florida’s Marketable Record Title Act, and including appellate proceedings before the Third District Court of Appeal and jurisdictional briefing in the Florida Supreme Court.
- Served as co-lead counsel to general contractor in dispute concerning ownership of construction materials involved in performance of FDOT contract, securing appellate order directing trial court to award damages to contractor for conversion of its property.
