Wicker Smith O'Hara McCoy & Ford P.A.

The Appellate team at Wicker Smith offers solid support and direction from the decision through the appeal. We are respected for our keen legal analysis of both procedural and substantive errors occurring in lower courts and are often brought in to work with a client’s trial counsel to maximize the potential for a favorable outcome. Our appellate attorneys are highly skilled in brief writing, extraordinary writs, motions and oral arguments and have represented clients from diverse industries. Wicker Smith has successfully taken cases before the Florida District Courts of Appeal, the Florida Supreme Court, the United States Supreme Court and multiple Federal Circuit Courts of Appeal.

The head of Wicker Smith’s appellate practice has handled over 400 appeals as lead or sole appellate attorney, representing clients in a wide range of complex issues involving product liability, medical malpractice, legal malpractice, construction litigation, insurance policy interpretation, negligence, personal injury, automobile liability, and patent and trademark law.
 
Some of the firm’s most recent casework in appellate law includes:
 
Racoma v. Hannans, 978 So.2d 873 (Fla. 2nd DCA 2008)
Thirty-nine year old patient with a complex medical history filed two separate lawsuits alleging medical malpractice caused a stroke. After the jury returned a verdict in favor of the physicians in the second lawsuit, the trial court granted patient's motion for new trial on the grounds the two lawsuits should have been consolidated. On appeal, Wicker Smith successfully reversed the new trial order and the appellate court remanded the case for reinstatement of the jury verdict in favor of the physicians.
 
Straub v. Lehtinen, Vargas & Reidi, P.A., 3 So.2d 1187 (Fla. 2009), 7 So.3d 649 (Fla. 4th DCA 2009)
Plaintiff sued defendants (Wicker Smith's clients) alleging their description of plaintiff in a news article constituted a "false light invasion of privacy." The appellate court found that the issues presented constituted a question of great public importance and certified the case to the Florida Supreme Court. The Florida Supreme Court determined that Florida does not recognize a cause of action for "false light invasion of privacy."
 
XL Specialty Ins. Co. v. Skystream, Inc., 988 so.2d 96 (Fla. 3rd DCA 2008)
Following a highly publicized airplane crash involving a rising singing star, the insurers for numerous entities disputed their defense and indemnity obligations as well as the priority of insurance coverage available for this loss. Wicker Smith was successful in establishing its client's position and recovery from the competing insurance interests.

Committment to Diversity
Wicker Smith’s attorneys are native to 6 different countries—Bulgaria, Cuba, Jamaica, Peru, South Korea and Uruguay—and 30 states throughout the U.S., reflecting our true commitment to diversity.

At Wicker Smith, we understand that the cornerstone of our firm’s success and that of our clients is firmly bound by the personal nature of the practice of law.  Certainly, the foundation for any good law firm is the legal experience of the firm’s attorneys and staff; yet, at Wicker Smith, we believe that the background and personal experiences, beyond the legal realm, of the individuals that make up our firm play a far more intricate role in understanding our clients and responding effectively to their legal needs.  Wicker Smith recognizes that diversity makes for a broader, richer environment which produces more creative thinking and solutions. Thus, Wicker Smith holds true to promoting diversity as an essential aspect of the personal nature by which we service our clients, the success of our clients and the overall success of the firm.

Wicker Smith is a member of the Leadership Council on Legal Diversity (www.lcldnet.org), which is a national organization partnering with Fortune 500 companies and large law firms dedicated to create a truly diverse legal profession and eliminate impediments which preclude minorities and women from having a full and fair opportunity to perform, succeed and lead.

Like many of the Fortune 500 companies we represent, we have placed a priority on developing a legal team that echoes the voice of our clients through a diverse workforce to more fully represent the society in which we practice.  As an established and growing law firm in a state as multi-cultural as Florida, we seek to recruit and maintain a diverse workforce of lawyers and staff whose individual experiences and knowledge bring a kaleidoscope of viewpoints to achieve a better understanding of our clients’ issues.  We welcome individuals with exceptional talent from a broad range of ethnic, cultural, academic, social and political backgrounds. Through mentoring and partnership, we continue this endeavor and envision a strong and diverse future.