Esther E. Galicia
SHAREHOLDER
Miami
305.789.9244
egalicia@fowler-white.com
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An accomplished appellate attorney, Esther Galicia focuses her practice in civil appeals at all levels. With nearly 25 years of experience, she has participated in more than 380 appellate proceedings with nearly 140 of those proceedings resulting in published appellate decisions.
Esther has presented oral arguments before the Florida Supreme Court and the Eleventh Circuit Court of Appeals. She regularly appears before all five of Florida's District Courts of Appeal.
Attorneys and clients benefit from Esther’s combined knowledge of appellate practice and experience with various substantive areas of law, such as medical and professional malpractice, premises liability, automobile liability, product liability and insurance coverage as well as the procedural and evidentiary aspects of the law.
In addition, Esther provides litigation and trial support and appellate counseling. In this role, she works closely with litigators to develop legal strategies that strengthen a client’s position and identifies possible appellate issues that may arise during trial. Esther’s involvement at the trial stage helps to position a matter for a favorable outcome, whether at the trial court level or on appeal.
At the forefront of legal issues, Esther monitors legal developments and cases currently before the courts to alert attorneys and clients of any changes that may impact active cases. She is also a regular contributing author to the Florida Defense Lawyers Association’s Trial Advocate Quarterly.
Representative Matters
D’Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003). Represented physician on appeal to the Florida Supreme Court and obtained ruling that doctor was entitled to set off a portion of plaintiff’s settlement with the co-defendant hospital against the jury’s award to plaintiff of economic damages.
Gonzalez v. Metropolitan Dade County Public Health Trust, 651 So. 2d 673 (Fla. 1995). Prepared amicus brief to Florida Supreme Court on behalf of defendant funeral home in action alleging tortious interference with dead body and negligent infliction of emotional distress.
Holmes v. West Palm Beach Housing Authority, 309 F.3d 752 (11th Cir. 2002). Obtained decision on appeal to the Eleventh Circuit affirming jury verdict in favor of defendant employer in employment discrimination suit.
Gold Coast Publications, Inc. v. Corrigan, 42 F.3d 1336 (11th Cir. 1994). Filed appeal with the Eleventh Circuit Court of Appeals on behalf of municipality and city officials and obtained ruling holding that city’s newsrack ordinance provisions did not violate the First Amendment.
Kowalchik v. Kowalchik, 985 So. 2d 653 (Fla. 5th DCA 2008). Secured change of venue based on forum non conveniens on behalf of wife in dissolution of marriage and child custody appeal.
Stockwell v. Drake, 901 So. 2d 974 (Fla. 4th DCA 2005). Represented rental car agency and driver of vehicle in appeal involving jury selection and expert witness issues and secured affirmance of jury’s defense verdict.
De Souza v. Ortiz, 901 So. 2d 269 (Fla. 4th DCA 2005). Represented defendant doctor in writ of prohibition proceedings wherein trial court was found not to have jurisdiction to lift stay pending NICA proceedings.
Lincoln Insurance Co. v. Home Emergency Services, Inc., 812 So. 2d 433 (Fla. 3d DCA 2001). In en banc proceedings, secured ruling in favor of CGL insurer that coverage was not available for insured’s alleged spoliation of evidence.
Gayon v. Bally’s Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001). Represented health club on appeal and obtained affirmance of summary judgment enforcing club’s clear and unambiguous exculpatory clause.
Torres v. Matsushita Electric Corp., 762 So. 2d 1014 (Fla. 5th DCA 2000). Secured affirmance by en banc court of dismissal of product liability claim against manufacturer where plaintiff lost or destroyed allegedly defective product.
Williams v. Infinity Insurance Co., 745 So. 2d 573 (Fla. 5th DCA 1999). Represented insurer on appeal that affirmed dismissal of bad faith action against insurers who refused to pay policy limits to plaintiffs to the exclusion of other wrongful death claimants.
Desimone v. Old Dominion Insurance Co., 740 So. 2d 1233 (Fla. 4th DCA 1999). Successfully represented defendants in appeal of dismissal of plaintiff’s suit based upon plaintiff’s fraud on the court.
Allstate Insurance Co. v. Mazzorana, 731 So. 2d 38 (Fla. 4th DCA 1999). Represented uninsured motorist insurer on appeal and obtained reversal of jury verdict in favor of insured.
Published Works
Author, “Recent Legal Developments,” Trial Advocate Quarterly, Florida Defense Lawyers Association, 1997 – Present
Author, Product Liability Cases and the Duty to Warn: A 50 State Compendium (Florida Section), The Defense Research Institute Defense Library Series, 2007
Author, “Permissible Ex Parte Communications with Health Care Providers After Acosta v. Richter - The Vicarious Liability Exception to Patient Confidentiality,” Trial Advocate Quarterly, Florida Defense Lawyers Association, Fall 1997
Speaking Engagements
Co-Presenter, “Preserving Your Right to Appeal: The Ins and Outs of the Appellate Brief; Oral Argument Considerations and Techniques,” National Business Institute Seminar, 2006
Lecturer, “General Liability Case Law Update,” Florida Liability Claims Conference, Florida Defense Lawyers Association, 2001
Professional & Civic Involvement
The Florida Bar, Appellate Practice Section, Charter Member
The Florida Bar, Eleventh Judicial Circuit Grievance Committee
Florida Defense Lawyers Association, Editorial Board Member of the Trial Advocate Quarterly
Florida Defense Lawyers Association/Florida Justice Association Medicare Committee
Florida Association of Women Lawyers
Broward County Bar Association
Broward County Hispanic Bar Association, Past Recording Secretary
Dade County Bar Association
Dade County Defense Bar Association
Cuban American Bar Association
Defense Research Institute, Appellate Advocacy Committee
The Rosemary Barkett Appellate American Inn of Court, Bencher