Daniels Kashtan Practice Areas

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The Firm is positioned to assist Professionals such as Architects, Engineers, Attorneys, Surveyors and Construction Professionals address complex challenges with dispute resolution and litigation.

Daniels Kashtan has a long track record of success in protecting our clients’ interest.

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Appeals

Whether to preserve a favorable trial result, or to overturn an unfavorable one, the attorneys at Daniels Kashtan, use the firm’s extensive experience of practice in appellate law to maximize their results. The firm has represented numerous clients in appeals before both state and federal courts concerning diverse areas of the law.  A sampling of recent appeals includes:  

Reversal of trial court order denying arbitration to architect in suit by successor in interest to commercial property management company.  Court held plaintiff was stopped from repudiating contract obligations in professional malpractice claim it brought against architect, where, at the same time successor sought to avoid application of arbitration clause contained in architectural services contract, it sought to impose liability pursuant to other contract provisions.  Giller v. Cafeteria of South Beach Ltd., LLP, 967 So. 2d 240 (Fla. 3d Dist. Ct. App. 2007).

Reversal of trial court order permitting wife to intervene in suit between business partners where one partner's house had previously been held an asset of the partnership and canceling his quitclaim deed to himself and his wife as tenants in the entirety as a fraudulent conveyance.  Burt v. Buchman, 943 So.2d 208 (Fla. 3d  Dist. Ct App., 2006)

Summary judgment for engineer threshold inspector affirmed in wrongful death case brought by estate of decedent workman after a construction accident, finding the engineer not liable for steel constructor’s safety techniques or means and methods of construction based on worker’s compensation statute and engineer’s contract.  Abramson v. ProfessionalEngineering & Inspection Co., Inc.,  908 So.2d 1077 (Fla. 4th Dist. Ct, App. 2005) 

Order granting class action certification to home owners complaining of design and construction defects affirmed where developer had alleged home owners’ individual contracts prohibited class action certification.   Bonded Builders Service Corp. v. Dowlatram,  891 So.2d 1216, 1217 (Fla. 3d Dist. Ct. App. 2005).

Madelyn Simon LozanoOf Counsel, has over 20 years of experience handling appeals before state and federal courts.   Her practice focuses on commercial matters, construction litigation, insurance defense and general litigation support. She is fluent in Spanish and experienced in Latin American law. Ms. Lozano has served as a member of the Florida Bar Appellate Court Rules Committee and is a land commissioner in the U.S. District Court, Southern District of Florida East Everglades Land Acquisition Project. 

Prior to entering private practice, she served as senior judicial clerk to the Honorable Joseph Nesbitt, Florida Third District Court of Appeal.  She has published articles in the Southern Methodist University Journal of Air Law and Commerce and in the University of Miami Inter-American Law Review and graduated in the top ten percent of her class at the University of Miami School of Law.  Prior to practicing law, she was a tenured professor at Miami-Dade College, teaching English.