Victor Quesada, Appellant, vs. Mercy Hospital, Inc., Appellee. 3rd District. Case No. 3D09-1756. L.T. Case No. 07-31631
Upon appeal, the court affirmed summary judgment in a medical malpractice action in favor of Mark Leibowitz's client, Mercy Hospital, finding that there was no genuine issue of material fact regarding surgeon's role as alleged apparent agent of hospital.  Mark Leibowitz and Alia Szopa argued and the court agreed that a hospital's consent form for a doctor to perform a procedure within the hospital is not (without more) a representation that the doctor is an agent of the hospital and  that the case is governed by the general principle that a hospital ordinarily is not liable for the negligence of independent-contractor physicians to whom it merely grants staff privileges.
 

Grobman v. Posey, 863 So. 2d 1230 (Fla. 4th DCA 2003)
Upon appeal, the court agreed that Joel R. Wolpe’s client was entitled to a set-off for the entire amounts paid by settling co-defendants as they were not “joint” tortfeasors, and, under the then existing statute, the settling co-defendants’ fault could not be apportioned by the jury.
 

Foster v. Healthsouth Regional Rehabilitation Center, 613 So.2d 935 (Fla. 3rd DCA 1993)
 

Citron v. Armstrong World Industries, Inc., 779 F. Supp. 1327 (S.D. Fla 1990)
 

Del Valle v. Sanchez, 170 F. Supp. 2d. 1254 (S.D. Fla. 2001)
Court granted Joel R. Wolpe’s motion for summary judgment on behalf of Mercy Hospital as to theories that Mercy Hospital was the actual agent of staff obstetrician and as to the theory that Mercy Hospital had a non-delegable duty to provide obstetrical services.
 

Cabral v. Diversified Services, Inc., 560 So.2d 246 (Fla. 3rd DCA 1990)
Mark A. Leibowitz appealed trial court’s refusal to set aside default as an abuse of discretion.
 

Hiram Walker & Sons, Inc. v. Kirk Line, 877 F.2d. 1508 (11th Cir. 1989)
The firm represented a shipper of Tia Maria liquor that was spilled upon transfer at the Port of Miami. Our client’s exposure was successfully shifted to another party.
 

Cross v. Pumpco, Inc., 910 So.2d 324 (Fla. 4th DCA 2005)
George L. Fernandez and Alexander Alvarez obtained a dismissal of plaintiff’s claim for fraud on the court after initial discovery revealed plaintiff had filed a claim and sought extensive treatment to the same part of the body for which he was now seeking damages. Plaintiff did not disclose the prior claim or treatment at deposition. Although the appellate court reversed the trial court for lack of plaintiff’s “clear” intent to defraud the court, a nominal settlement was reached shortly after this decision.
 

Hialeah Hotel v. Talley, 790 So.2d 466 (Fla. 3rd DCA 2001)
George L. Fernandez obtained dismissal of plaintiff’s claims after a trial and two appeals.  Appellate court held that the trial court erroneously refused to allow evidence at trial that the plaintiff was involved in criminal conduct (a drug deal) thereby nullifying any duty of the premises holder to protect the plaintiff. Mr. Fernandez obtained an order from the court granting the costs and fees of the appeal.
 

Jordan v. Equity Properties and Development Co., 661 So.2d 1307 (Fla. 3rd DCA 1995)
George L. Fernandez’ dismissal of store manager’s claim for negligent infliction of emotional distress after being robbed at gunpoint was upheld by appellate court under Florida’s impact rule that requires a physical impact for such claims.
 

Manzini & Associates, P.A. v. Clark, 971 So. 2d 882 (Fla. 3d DCA 2007)
Former plaintiff’s counsel attempted to prevent plaintiff from dismissing our client arguing that he had a lien on the file and was therefore an interested party that needed to approve the dismissal. Mark Leibowitz’ and Alia Szopa’s denial of plaintiff’s counsel attempt to prevent dismissal wan denied at both the trial court and appellate level as no judgment or money was paid, counsel had nothing to lien.