Bob Stovash Obtains Final Judgment in a Trespass/Prescriptive Easement Case in the Orange County Business Court

In a unique state court lawsuit between neighboring commercial property owners, Bob Stovash was engaged as trial counsel to try his client’s trespass claim and defend against the neighboring property owner’s claim to establish a prescriptive easement for ingress and egress over the client’s commercial property. On November 17, 2022, the Business Court in Orange County, Florida, after a non-jury trial, entered a Final Judgment in favor of Bob’s client. In the Final Judgment, the Court granted a permanent injunction in enjoining the neighboring property owner, its tenants and its business invitees from (a) using the client’s property for ingress and egress and (2) using the client’s property for waste removal. The neighboring property owner was also enjoined from causing or allowing water runoff and flooding onto the client’s property. As for the prescriptive easement claim brought against Bob’s client, the Court dismissed the claim on a motion for involuntary dismissal argued by Bob Stovash. The Court determined that the neighboring property owner had, and has, no legal or equitable right to use the client’s property for ingress and egress or for any other purpose.

For information on Bob Stovash’ s litigation and mediation practice, and the practice of Stovash, Case & Tingley, P.A., contact Bob at rstovash@sctlaw.com.

Bob Stovash and Stovash, Case & Tingley Launch New Mediation Practice

Bob Stovash and Stovash, Case & Tingley, P.A., have launched the firm’s new Mediation Practice. Bob Stovash, the President of the firm, heads up the Mediation Practice. Bob is a Florida Supreme Court Certified Circuit Mediator.

In explaining the launch of the Mediation Practice, Bob said: “The majority of legal disputes can be, and should be, resolved without visiting the courthouse and proceeding to trial. Mediation is an opportunity for parties and their attorneys to voluntarily resolve their disputes without the high cost and uncertainty of a trial. After more than three decades practicing law, I am looking forward to assisting parties and their attorneys in mediation throughout the State of Florida.”

Bob provides mediation services in the following types of cases: (1) commercial, corporate and business disputes; (2) banking disputes, including bank foreclosures and lender liability claims; (3) labor and employment disputes, including harassment, discrimination, non-compete and wage/hour disputes; (4) professional negligence claims; (5) real estate disputes, including eminent domain, easement and boundary disputes; (6) property damage claims, (7) construction disputes and (8) probate matters.

Stovash, Case & Tingley, P.A.’s office in downtown Orlando can be used for mediation conferences, as the office has well-appointed conference rooms, complimentary valet parking, Wi-Fi services and refreshments. To schedule a mediation with Bob Stovash, call the him at 407-316-0393 or email Bob at rstovash@sctlaw.com.

Bob Stovash Obtains an Injunction to Stop Creditor’s Sale of Membership Interest

Bob Stovash obtained an emergency injunction which prevented a lender from selling the membership interest of a commercial client of Stovash, Case & Tingley, P.A.  The lender claimed a security interest in the membership interest of the firm’s commercial client and claimed a default existed under the loan documents.  Bob Stovash rapidly assessed the actions by the lender and determined the lender had not complied with Florida’s version of the Uniform Commercial Code regarding pre-sale notice and had otherwise not acted properly so as to permit the sale.  Hours before the sale was to occur, the Court agreed with the analysis and entered an injunction which stopped the sale from occurring.

Bob Case Wins Appeal Before the Fifth District Court of Appeal; Reverses Florida Real Estate Commission

Bob Case provided oral arguments before the Fifth District Court of Appeal and argued the Florida Real Estate Commission (FREC) improperly denied the Real Estate Recovery Fund claim asserted on behalf of a client.  The client was the victim of bad acts taken by a real estate licensee who had failed to properly manage the client’s residential real estate investment properties.  FREC had denied the claim based on a theory the claim was ineligible for recovery under the Real Estate Recovery Fund Statute.  In a unanimous decision, the Fifth District Court of Appeal ruled the Firm’s client was entitled to recovery under the Fund and that the compensation arrangements between the real estate licensee and the client did not affect the licensee’s obligations to act ethically.  The full opinion by the Appellate Court can be found here.

Bob Case Obtains Favorable Ruling From the Second Circuit Court of Appeal on Behalf of Bank Client

Following oral argument, Bob Case obtained a favorable opinion from the Second Circuit Court of Appeal on behalf of the firm’s bank client.  The issues raised in the appeal related to the trial court’s entry of summary judgment following the trial court’s acceptance of certain evidence argued by the commercial borrower as being improperly presented under Florida’s evidentiary statutes.  The Second Circuit Court of Appeal affirmed the entry of summary judgment and the commercial real property securing the loan was sold at a judicial sale.

Bob Case Secures Million Dollar Jury Verdict in Favor of Bank Client

Bob Case secured a million dollar jury verdict in favor of the firm’s bank client following a two-day trial in Naples, Florida.  The matter arose from a guarantor’s refusal to comply with the terms of the guaranty and an allegation that the bank’s willingness to work with the borrower released the guarantor from his obligation. The jury found in favor of the bank on all issues and held the guarantor liable under the guaranty.

Bob Case named for Third Time as a “Super Lawyer” in 2019

Robert (Bob) Case was selected to the 2019 Florida Super Lawyers list for his Business Litigation practice. This is Bob’s third year on the list, as he was also selected in 2014 and 2015 for the Super Lawyers list. Only 5% of attorneys are selected to Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. In April 2013 the selection process received a US Patent and is described as an impartial third-party rating system.

Bob Stovash Prevails at the Fifth District Court of Appeal on Behalf of Bank Client

Robert (Bob) Stovash successfully argued on behalf one of the firm’s bank clients, Hancock Bank, before the Fifth District Court of Appeal that a court imposed vendor’s lien could not be levied against property encumbered by Hancock Bank’s mortgage. By successfully appealing the trial court’s declaratory judgment, Bob was able to protect the lien priority of his client’s multi-million dollar mortgage. The decision is titled “Hancock Bank vs. D.S.C. of Newark Enterprises, Etc.” and is published by the Fifth District Court of Appeal of the State of Florida as Case number 5D13-2305.

Bob Case named as Corporate America’s Legal Elite

Robert (Bob) Case was selected as Corporate America’s Legal Elite for 2015. Bob Case was selected as “Best for Complex Contract Disputes in Florida.” Corporate America is the definitive magazine for CEOs, top tier management, and key decision makers across the US. Nathan Angell, Awards Coordinator, said: “The Legal Elite Awards honor the dedicated professionals and individuals that are innovating and shaping the legal sector, as well as achieving outstanding results for their clients. We received a tremendous response for the awards this year, encompassing a diverse range of practices and legal services, and it is a privilege to reward the winners for their achievements over the past 12 months.” All winners for the awards were the result of months of research and analysis from Corporate America’s dedicated awards team. As a result, all winners can be assured that they were chosen on merit only and can take pride from the fact that they were selected for their success.