A personal abrasion and medical corruption advocate hit with a $9.7 actor adjudication accolade has anchored a changeabout afterwards Florida’s Third District Cloister of Appeal begin he should accept been accepted a cessation aback his lawyer cited “irreconcilable differences” and withdrew from the case.
The altercation began in January 2017 aback UBS Financial Services Inc. of Puerto Rico confused to adjudge adjoin advocate David Efron.
Efron operates the Law Offices of David Efron Law, which has attorneys in Coral Gables and Puerto Rico. He is accountant to convenance in Puerto Rico, New York and the District of Columbia.
While Efron was in the bosom of a long-running annulment proceeding, UBS released money to him that later became accountable to a acumen for his ex-wife. Afterwards years of action and millions in advocate fees, UBS acclimatized a accusation with Efron’s ex-wife, again looked to him for indemnification.
Efron asked for a cessation 11 canicule afore adjudication was scheduled, aback his attorney Lloyd Schwed of Schwed Kahle & Kress in Palm Beach Gardens withdrew. Efron asked for 60 canicule to absorb new counsel, but the adjudication console denied his appeal after explanation. Efron bootless to appear, and in his absence, the panel sided with UBS.
Miami-Dade Circuit Adjudicator Pedro Echarte Jr. again denied Efron’s appeal to abandon the award.
But the appellate cloister disagreed.
It’s usual for an appeals cloister to annul an adjudication award, as speed and certitude are key. This leaves aloof four avenues for appeal: corruption, bias, delinquency or aggression power. This case fell beneath the delinquency umbrella, as the adjudication console banned to adjourn a audition after acceptable cause, depriving Efron of a fair hearing, the console concluded.
Though the adjudication console gave no account for abstinent Efron’s motion, UBS argued the advocate had already been denied a cessation over a agenda mix-up. It declared he approved to bassinet affairs by not advantageous acknowledged fees to Schwed.
But the cloister begin bereft almanac affirmation to abutment that.
Schwed said attorney-client advantage prevented him from adage why he had withdrawn, but he said he agrees with the ruling.
“Even admitting I had clashing differences with Mr. Efron at that time, I anticipate the console absolutely should accept accepted him a reasonable addendum of time. Aand I anticipate that was an corruption of their discretion,” Schwed said. “I was actual afraid that the Third DCA had the adventuresomeness to do the appropriate thing.”
He declared the basal adjudication as bizarre, and said Efron told him the annulment proceeding was the most abiding in Puerto Rico’s history.
“I assumption bad divorces beforehand to aberrant events,” Schwed said.
Efron’s appellate lawyer, Leslie Rothenberg of the Ferraro Law Firm, said Efron had claimed Schwed accepted an beforehand of added than $100,000 to represent him at the hearing.
Rothenberg is a above arch Third DCA judge, and the case was her aboriginal articulate altercation afore the appellate console aback transitioning aback to clandestine convenance in 2019.
In her view, Efron’s plight demonstrates a acute aberration amid adjudication and litigation, area a cloister can abjure an attorney’s appeal to abjure if it’s too late.
“When it’s an adjudication proceeding, the adjudicator has no ascendancy over lawyers,” Rothenberg said. “A advocate aloof files a motion that he or she has withdrawn, and that’s it. There’s no ascendancy over that. It leaves the applicant absolutely unprotected.”
Ironically, Rothenberg acicular out that granting the constancy would accept adored the adjudication console time.
“It would accept been no big deal. If they didn’t appetite to accord him 60 days, they capital to accord him 30, again he would accept had to accede with that. But they didn’t accord him any time,” Rothenberg said. “And it was affectionate of amazing that UBS would accept been arguing adjoin a abbreviate adjournment like that, aback they spent abounding years litigating with the ex-wife over whether or not they had to pay her for their own negligence.”
Counsel to UBS, Alex Sabo of Bressler, Amery & Ross in Miami and Christopher Manning and Michael Fishman in Washington, D.C., did not acknowledge to a appeal for animadversion by deadline.
Third DCA Adjudicator Thomas Logue wrote the cardinal with Judges Edwin A. Scales III and Monica Gordo.
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