Bender v. F.H.C.S., Inc.

This was another appeal of a different defendant in Bender v. Caregivers. In this appeal, the trial court granted another summary final judgment based on the same defective agreement. Before the first brief was filed, we told F.H.C.S. the prior ruling in Bender v. Caregivers made this appeal frivolous, and we would seek sanctions for the frivolous appeal. In a rare move, F.H.C.S. filed a Confession of Error in the appellate court and our client won the appeal. Many appeals to the Fourth District Court of Appeal take more than eighteen months for a decision. Mrs. Bender was in her nineties and this was the second appeal in her case. Waiting that long for another decision was not an option. 46 So. 3d 1108 (Fla. 4th DCA 2010).

This was another appeal of a different defendant in Bender v. Caregivers. In this appeal, the trial court granted another summary final judgment based on the same defective agreement. Before the first …

Related Posts