Sharon Proctor has handled over 70 appeals in Florida. A few of her more recent or notable cases are listed below. You may scroll through all the case descriptions below, or click on one of the following links to go to a specific case.
| Case | Reference | Court | Year | Subject |
| Zimmerman v. Cade | 1D09-4394 | Fla. 1st DCA | 2010 | Breach of Fiduciary Duty |
| Wallace v. Dean | SC08-149 | Fla. Supreme Court | 2009 | Wrongful Death against Sheriff |
| Tramel v. Bass | 707 So. 2d 847 | Fla. 1st DCA | 1998 | Government Torts-high speed chase |
| Lewis v. Bondy | 751 So. 2d 575 | Fla. 1st DCA | 2000 | Medical Malpractice |
| Watts v. United Services Auto. Ass'n | 993 So.2d 177 | Fla. 1st DCA | 2008 | Insurance Bad Faith |
| Gaston v. Kanter | 982 So. 2d 34 | Fla. 1st DCA | 2008 | Family Law |
| AMS Staff Leasing, Inc. v. Craig | 985 So. 2d 1094 | Fla. 1st DCA | 2008 | Workers' Compensation |
| Allstate v. Oser | 928 So. 2d 338 | Fla. 1st DCA | 2006 | Insurance Bad Faith |
| Canipe v. Law Offices of Stephen K. Miller | 965 So. 2d 125 | Fla. 1st DCA | 2007 | Attorney Fee Dispute |
| Shands Teaching Hospital & Clinics, Inc. v. Stone | 977 So. 2d 584 | Fla. 1st DCA | 2008 | Medical Malpractice-Wrongful Death |
| Jack Feagin Electric. v. Hallmark | 894 So. 2d 1083 | Fla. 1st DCA | 2005 | Workers' Compensation |
| Allstate v. Oser | 893 So. 2d 675 | Fla. 1st DCA | 2005 | Insurance Bad Faith |
| State Farm v. Atkinson | 829 So. 2d 221 | Fla. 2d DCA | 2002 | Insurance Coverage Dispute |
| St. Paul Mercury Ins. Co. v. Coucher | 837 So.2d 483 | Fla. 5th DCA | 2002 | Wrongful Death-Uninsured Motorist |
Zimmerman v. Cade 1D09-4394 (Fla. 1st DCA) ( Breach of Fiduciary Duty)
Sharon Proctor participated at trial to recover shares of stock in a closely-held family corporation for the widow of the company's founder. The complaint alleged that a former business manager breached his fiduciary duty and took advantage of his position of trust to obtain shares in the corporation that lawfully belonged to the plaintiff or her late husband. When the trial court allowed the corporation to interplead dividends on the disputed shares of stock, the defendant appealed. Sharon Proctor successfully represented the widow before the First District Court of Appeal and helped her recover both the stock and past dividends on the shares.
Appellate Opinion
(return to top)
Wallace v. Dean, SC08-149 (Fla. Supreme Court 2009) (Wrongful Death against Sheriff).
In this wrongful death case, Sharon Proctor successfully prosecuted an appeal to the Florida Supreme Court, obtaining a reversal of the Fifth District Court of Appeal's decision and the trial court's order that dismissed the action. The Florida Supreme Court held that deputy sheriffs have a common law duty to use reasonable care when checking on a citizen's safety, and that the Sheriff is not shielded by sovereign immunity for negligent performance of a safety check. The deputies entered a woman's home in response to a 911 call from a neighbor. They found the woman unresponsive and could not revive her, but left without calling for medical assistance. The woman later died without regaining consciousness, and her estate sued the Sheriff for negligence in performing the safety check. The trial judge dismissed the case, holding that the deputies had no duty of care, and that the Sheriff was protected from liability by sovereign immunity. Ms. Proctor persuaded the Florida Supreme Court to accept review, and obtained a reversal on both issues, getting the case reinstated in the trial court. This case sets an important precedent for the protection of Florida's citizens.
Oral Argument Video (Fla. Supreme Court)
Jurisdictional Brief
Initial Brief on Merits
Reply Brief
(return to top)
Tramel v. Bass, 707 So. 2d 847 (Fla. 1st DCA 1998) (Government Torts-high speed chase).
In this case, Sharon Proctor successfully defended a $2.1 million personal injury judgment on appeal. She also prevailed on cross-appeal, persuading the appellate court that the trial judge erred by denying the plaintiff's motion for attorney's fees against the Sheriff defendant. The Sheriff argued that the plaintiff's proposal for settlement was in bad faith because it exceeded the $100,000 waiver of sovereign immunity. The appellate court accepted Ms. Proctor's argument that the Sheriff had the statutory authority to settle within the available insurance coverage, and therefore the proposal for settlement was not in bad faith.
(return to top)
Lewis v. Bondy, 751 So. 2d 575 (Fla. 1st DCA 2000) (Medical Malpractice).
Sharon Proctor participated at trial to obtain a $3.1 million judgment against a doctor who negligently implanted a device for delivery of chemotherapy. Mrs. Proctor successfully defended the judgment on appeal, and also successfully defended a later appeal in which the Defendant challenged the order awarding attorney's fees to the plaintiff. Although the fee judgment withstood appeal, in a later, unrelated case the Florida Supreme Court changed the law pertaining to attorney's fees in this context. See, Lewis v. Bondy, 752 So. 2d 1255 (Fla. 1st DCA 2000), disapproved by Sarkis v. Allstate, 863 So. 2d 210 (Fla. 2003).
(return to top)
Watts v. United Services Auto. Ass'n, 993 So.2d 177 (Fla. 1st DCA 2008) (Insurance Bad Faith).
In this case, Sharon Proctor successfully challenged a trial court's order that compelled the plaintiff's attorney to disclose the results of a jury simulation. The trial court held that the jury simulation, which had been conducted before trial in the underlying wrongful death case, was relevant and discoverable in a later case against the insurance company for bad faith failure to settle the underlying claim. Mrs. Proctor filed an original petition for writ of certiorari and persuaded the appellate court to grant the petition and quash the discovery order.
Petition for Writ of Certiorari
Oral Argument Video
(return to top)
Gaston v. Kanter, 982 So. 2d 34 (Fla. 1st DCA 2008) (Family Law).
Sharon Proctor won a reversal of a trial judge's order that had modified the primary residential custody of the parties' minor daughter, persuading the appellate court that the lower court had abused its discretion in the custody determination.
AMS Staff Leasing, Inc. v. Craig, 985 So. 2d 1094 (Fla. 1st DCA 2008) (Workers' Compensation).
Sharon Proctor successfully defended a workers' compensation order on appeal, where the carrier argued that the claimant was not an employee of the leasing company on the date of the accident. Prior to the accident, the claimant had not been working for the on-site employer for several months while the job to which he had been assigned was temporarily shut down. He resumed working a few days before the accident, but his on-site employer did not initially include any time for the claimant when he submitted his payroll to the leasing company.
Allstate v. Oser, 928 So. 2d 338 (Fla. 1st DCA 2006) (Insurance Bad Faith).
In this case, Sharon Proctor successfully defended an original writ proceeding in which Allstate sought to compel the plaintiff's attorney to disclose notes pertaining to settlement offers made in the underlying tort claim. Allstate argued that any privilege attached to the notes had been waived, and that the notes were relevant and necessary to prove that it could not have settled the entire claim for the amount of the property damage insurance coverage. The appellate court rejected Allstate's petition and declined to issue an order compelling disclosure.
Canipe v. Law Offices of Stephen K. Miller, 965 So. 2d 125 (Fla. 1st DCA 2007) (Attorney Fee Dispute).
Sharon Proctor successfully defended an order awarding the full contractual percentage fee to a plaintiff's attorney whose client had discharged him immediately after trial, then obtained other counsel to handle post-judgment proceedings and an appeal. The appellate court agreed that the trial court was free to award a quantum meruit fee that equaled the full contractual percentage fee for work done at the trial level without hearing evidence of the number of hours expended or the customary fees generally charged for similar legal work. (No reported opinion).
Shands Teaching Hospital & Clinics, Inc. v. Stone, 977 So. 2d 584 (Fla. 1st DCA 2008) (Medical Malpractice-Wrongful Death).
The plaintiff sued Shands hospital and a physician employed by the University of Florida who provided treatment at Shands. Shands moved for summary judgment, asserting that it could not be liable for the doctor's negligence as a matter of law, pursuant to statute. Sharon Proctor prepared the trial memorandum that persuaded the court that issues of fact remained, and the hospital's motion for summary judgment was denied. When the trial court also denied the hospital's motion to bifurcate the issue of vicarious liability from the remaining issues at trial, Shands filed a petition for writ of certiorari with the district court of appeal. Mrs. Proctor successfully defended the trial judge's ruling, and the appellate court declined to issue the writ Shands sought.
Jack Feagin Electric. v. Hallmark, 894 So. 2d 1083 (Fla. 1st DCA 2005) (Workers' Compensation).
Sharon Proctor successfully defended an order that awarded benefits and denied the Employer and Carrier's fraud defense. The employer argued on appeal that the judge of compensation claims had misconstrued the statutory fraud defense, and that the employee's use of cocaine and his failure to reveal that use to his treating doctor in violation of a signed, written agreement with his doctor constituted fraudulent conduct that would prohibit all future benefits. The appellate court rejected that argument and affirmed the order awarding benefits.
Allstate v. Oser, 893 So. 2d 675 (Fla. 1st DCA 2005) (Insurance Bad Faith)
Sharon Proctor successfully defended against Allstate's original writ proceeding. Allstate sought to quash a trial court order that denied its motion to dismiss or abate bad faith claims against it. The appellate court also upheld an order compelling Allstate to produce its claims file.
State Farm v. Atkinson, 829 So. 2d 221 (Fla. 2d DCA 2002) (Insurance Coverage Dispute).
Sharon Proctor successfully defended an order awarding the plaintiff disability benefits, and successfully defended a later appeal challenging the trial court's order assessing attorney's fees against State Farm.
St. Paul Mercury Ins. Co. v. Coucher, 837 So.2d 483 (Fla. 5th DCA 2002) (Wrongful Death-Uninsured Motorist)
In this wrongful death case, the underinsured motorist carrier argued that the jury was unfairly tainted by hearing evidence of the tortfeasor's drunk driving, which was relevant only to the claim for punitive damages against the insurance company's co-defendant. The insurance company also argued that there was no underinsured coverage available pursuant to a policy provision pertaining to "other insurance." Sharon Proctor successfully defended the judgment, persuading the appellate court that the trial judge did not abuse his discretion by refusing to bifurcate the trial, and that the insurance company had waived the "other insurance" defense by failing to timely raise it.