Bushell Law, P.A.

07/28/2023

Presented oral argument before the U.S. Court of Appeals for the 11th Circuit (the federal appeals court for Florida, Georgia, and Alabama) in Atlanta this morning.

03/03/2022

We are grateful for our recent success in the U.S. Court of Appeals for the 11th Circuit helping investors revive their lawsuit against promoters of a failed cryptocurrency scheme called BitConnect. The case helped clarify federal securities law as applied to online promotion of cryptocurrencies and has been covered in legal media such as Law360 (https://www.law360.com/articles/1466709/11th-circ-revives-part-of-crypto-ponzi-scheme-class-action) and law.com (https://www.law.com/dailybusinessreview/2022/02/18/appellate-court-alleged-online-ponzi-scheme-solicitation-is-grounds-for-section-12-claim-against-bitconnect-cryptocurrency-promoters/?slreturn=20220203140516). The full opinion can be accessed here: https://media.ca11.uscourts.gov/opinions/pub/files/202011675.pdf.

Finding Section 12 of the Securities Act of 1933 contains no free pass for online solicitations, the U.S. Court of Appeals for the Eleventh Circuit on Friday ruled that a promotion team can be held liable for using online communications to persuade people to invest in a fraudulent cryptocurrency sch...

03/16/2021

It's hard to believe it's been a decade already! Thank you to our clients and referring attorneys for placing your trust in us. Looking forward to an even better second decade!

07/27/2020

Honored to be recognized as the BCBA’s “member of the week!”

Congratulations to BCBA member of the week, Daniel Bushell!

To learn more about Daniel Bushell,
click here: https://bit.ly/Daniel-B

04/17/2020

We hope everyone is safe and well. We thought we'd share some positive news. Last spring, Daniel Bushell published an article in the Florida Bar Journal discussing a conflict among Florida courts regarding preserving issues for appeal and saying the conflict "calls out for Supreme Court intervention." We recently learned that in response to the article, the Florida Supreme Court has established a special committee to consider changing the rules to resolve the issue. The article below discusses the special committee and links to the Bar Journal article.

A special committee with members from several procedural rules committees will consider a tricky question on preserving issues on appeal when the challenged matters first appear in the trial judge’s order or judgment. The Supreme Court requested the special committee’s creation and asked for a r...

03/15/2019

Nice article (headline aside) about a case in which we and our co-counsel represent a nursery that was denied one of the original medical cannabis licenses in Florida, in which we recently received a favorable ruling from the 1st District Court of Appeal.

Dan Bushell and David Kolter are representing Edward Miller & Son Inc. in the company's lawsuit against the Florida Department of Health. The nursery's application to cultivate ma*****na was purportedly denied because it missed an application deadline by 27 minutes.

06/21/2017

We received good news this morning from the Third District Court of Appeal in a case we briefed in April. For a change we represented the Appellee (the party trying to uphold the trial court's ruling), so we are happy to have received a quick and curt affirmance. Our client was awarded attorney's fees as well. We are grateful to David Levine for the referral!
http://www.3dca.flcourts.org/Opinions/3D16-1963.pdf

12/01/2015

Today the 1st District Court of Appeal (in Tallahassee) reversed a foreclosure judgment that had gone against the firm's client (an investor who purchased a property subject to the mortgage in foreclosure) and ordered the case dismissed. This case was the firm's first in that court, and with the decision, we have now helped clients obtain reversals from every appellate court in Florida. Another first for us: after reading our brief, the bank admitted we were right and that the judgment was improperly entered.https://edca.1dca.org/DCADocs/2015/1660/151660_DC13_12012015_103213_i.pdf

09/25/2015

Foreclosure litigation has now taken courts of appeal by storm, just as it took over the trial courts a few years ago.

[The following is excerpted/adapted from a Continuing Legal Education (CLE) presentation I gave earlier this year for the Florida Bar Appellate Practice Section's Monthly CLE Teleconference. Because the lecture was too long for one post, I'm breaking it down into several posts.]

07/01/2015

Good news follows good news...On the heels of Daniel Bushell's wedding comes the amazing news of 2 reversals for the firm's clients in less than a week. First, last Friday, June 26, 2015, the 5th District Court of Appeal (5th DCA) in Daytona Beach set aside a divorce judgment that was extremely unfair to the firm's client. Then today the 4th DCA in West Palm Beach set aside a probate judgment that denied to the firm's client (represented together with co-counsel David A. Silverstone, Probate Attorney) the right to share in her son's estate, instead awarding everything to his ex-wife and her family. Here are links to the decisions:
www.5dca.org/Opinions/Opin2015/062215/5D14-2174.op.pdf
www.4dca.org/opinions/July%202015/07-01-15/4D13-4532.op.pdf

03/26/2015

In 2013, the Heat were winning, but Dwayne Wade lost 2 appeals. Now the Heat are struggling, and D-Wade wins an appeal. His lawyers didn't fare as well...

Three times was too many for Miami Heat star Dwayne Wade's ex-wife. Four years ago, an Illinois court entered a 102-page (!) judgment after a 38-day (!) trial, detailing D-Wade and his ex-wife's custody and timesharing arrangements. D-Wade was given sole custody and permission to relocate the minor…