Lawlor Winston Attorney, Ben Murphey, Wins Dismissal of Appeal in Guarneri v. Nussbaum


August 8, 2010, Ft. Lauderdale, FL – Mr. Nussbaum sued Dr. Ralph Guarneri for alleged medical malpractice committed during a surgical procedure.  After months of litigation, the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida struck Dr. Guarneri’s pleadings for multiple discovery violations.  Dr. Guarneri appealed the ruling to the Fourth District Court of Appeal.  Attorney Ben Murphey argued the Appellate Court lacked jurisdiction to hear the appeal because the Trial Court’s ruling was a non-final order incapable of appellate review.  The Fourth District Court of Appeal agreed and, within two weeks of oral argument, dismissed the appeal for lack of jurisdiction.  The case will return to the Trial Court and proceed to a trial on damages.


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The law firm of Lawlor Winston provides the very best representation to their clients – ensuring they are represented at the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at (954) 525-2345. Additional information about Lawlor Winston may be obtained from the Firm’s website at