We've Moved!
Same Building. Different Suite.

Physical Address:
Downtown Tampa
Bank of America Plaza
Suite 2000
101 E. Kennedy Blvd.
Tampa, FL  33602

Mailing Address:
P.O. Box 2350
Tampa, FL 33601-2350 

Telephone:
813-229-2775
Fax:
813-229-2712

Oral Arguments Conducted in Ona Mine Appeal

On October 8, 2008, the Florida Second District Court of Appeal conducted a special oral argument session in the latest round of litigation against IMC Phoshpates Company's proposed 4,200-acre "Ona Mine" project.  Charlotte County and other local governments are opposed to the project because they fear it will adversely impact the Peace River, Charlotte Harbor, and other important natural resources.  Because the case is so voluminous and complex, the appellate court expanded the normal 40 minute hearing time to 2 hours.  David Caldevilla, a Board Certified Appellate Lawyer with de la Parte & Gilbert, presented oral arguments on behalf of Charlotte County. 
 
The St. Petersburg Times article, reporting on the hearing, is found at the following link:
http://www.tampabay.com/news/environment/article848584.ece

Michael R. Bray Joins Firm.

Michael Bray, a recent cum laude graduate of the University of Florida, Levin College of Law, has joined the firm practicing in the areas of appellate law, civil litigation and administrative law. He received his Bachelor of Science in Business Administration, cum laude, in 1999  and his Master of Science in Decision and Information Sciences in 2000, both from the University of Florida. Mike can be reached at mbray@dgfirm.com.

Governor Charlie Crist reappointed David M. Caldevilla, Esquire to serve a second four-year term on the Judicial Nominating Commission of the Florida Second District Court of Appeal.  Mr. Caldevilla currently serves as the Chairman of that Commission, whose mission is to investigate, interview and nominate candidates to serve as appellate court judges.

de la Parte & Gilbert, P.A. recently obtained a favorable order awarding our clients, Danny and Sharon Michael, damages of $689,880.87.  The Michaels are the parents of a child with catastrophic birth-related neurological injuries, who sought statutory benefits from the Florida Birth-Related Neurological Injury Compensation Association (also known as "NICA").  Richard A. Gilbert and David M. Caldevilla originally sued NICA for refusing to reimburse their clients for the residential and custodial care and services provided to their injured child.  After years of litigation, a binding settlement was reached with NICA. The settlement was structured so that the Michaels would avoid adverse income tax consequences.  Although the settlement was legally binding, NICA later reneged and refused to sign documents that their clients needed to avoid the income taxes.  Attorneys Gilbert and Caldevilla sued NICA for breach of contract, and after a trial, the court award the Michaels the entire amount that NICA originally agreed to pay, plus an additional amount to cover the income taxes that the settlement agreement was structured to avoid.  A copy of the decision is published at Michael v. Florida Birth-Related Neurological Injury Compensation Association, 15 Fla. L. Weekly Supp. 357a (Fla. 13th Jud. Cir. Ct. Feb. 12, 2008).

de la Parte & Gilbert and The Yerrid Law Firm have donated $200,000 each to The Buoniconti Fund for spinal cord research at the University of Miami. The firms’ donations come upon successfully representing Allan Navarro in $217 million medical malpractice suit. Mr. Navarro, who donated $600,000 to the fund, was left quadriplegic after doctors misdiagnosed his stroke as sinusitis.

TBO.com  July 26, 2007
http://www2.tbo.com/content/2007/jul/26/
me-quadriplegic-victim-gives-part-of-award/

Kristin Yerkes, a recent cum laude graduate of the University of Florida Levin College of Law, has joined the firm practicing in the areas of environmental, administrative and appellate law. She received her Bachelor of Science in Management, cum laude, from the University of Florida in 2003. Kristin can reached at kyerkes@dgfirm.com.

L. David de la Parte Accepts In-House General Counsel Position at H. Lee Moffitt Cancer Center

 L. David de la Parte has joined H. Lee Moffitt Cancer Center & Research Institute as in-house General Counsel. Moffitt will continue to use de la Parte & Gilbert for external legal services.

de la Parte & Gilbert has been part of Moffitt’s legal team as external General Counsel since the cancer center was founded in 1984. In his new, full-time role at Moffitt, David will serve as senior advisor and oversee all legal matters of the cancer center. He will be an integral part of senior management and will be the newest standing member of the Executive Leadership Council.

“My decision to serve as Moffitt’s in-house General Counsel was made with the full support of my partners and with the leadership at Moffitt,” said de la Parte. “We agreed that as in-house General Counsel, I can more effectively manage Moffitt’s legal affairs given Moffitt’s extraordinary growth, including their recent very exciting collaborations. I am honored to have been asked to join a very important organization.”

On September 29, 2006, after a three-week trial, a Tampa jury awarded Allan Navarro and his family $117 million in compensatory damages.  On October 3, 2006, the jury returned a $100.1 million verdict for punitive damages.  Allan Navarro went to the emergency room at University Community Hospital-Carrollwood, Tampa, Florida on August 9, 2000 with complaints of headache, nausea, dizziness, double vision, and a family history of strokes.  Five hours later, the attending emergency physician on duty discharged him with a diagnosis of sinusitis and a painkiller prescription.  The next morning, Mr. Navarro returned to the emergency room with more serious symptoms.  He underwent emergency surgery to relieve brain swelling.  Mr. Navarro emerged from a coma three months later, permanently and totally disabled.  During the trial, the emergency physician testified that the man who took Mr. Navarro’s medical history and performed Mr. Navarro’s initial physical exam was an unlicensed physician’s assistant.  Mr. Navarro, now 50, was once a healthy, vibrant husband and father who was a pro basketball player in his native Philippines. 

Hillsborough Water Works. Meet the Experts.

Mr. Edward P. de la Parte is a partner in the law firm of de la Parte and Gilbert, P.A. specializing in water law and utility issues.  He has represented many counties and cities in Florida as well as the West Coast and Lee County Regional Water Supply Authorities regarding water supply issues.  He has also represented many government-owned utilities including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, the Southwest Florida Water Management District and the St. Johns River Water Management District involving water utility issues.  His more significant cases included the adoption of water quality standards by the U.S. Environmental Protection Agency pursuant to the Safe Drinking Water Act, the adoption of CERP programmatic regulations by the U.S. Army Corps of Engineers, the adoption of the Underground Injection Control Program rules by the Florida Department of Environmental Protection, the adoption of minimum flows and levels and the Group A and B water use permitting rules by the South Florida Water Management District, and the establishment of the water use permitting program by the Southwest Florida Water Management District.  Mr. de la Parte is a native of Tampa and is recognized as a “Leading Florida Lawyer” and “Preeminent Attorney in Environmental Law” in the fields of land use and environmental law.