First Admitted: 2006, Florida

Professional Webpage: https://www.rosenthalcounsel.com/Our-Team/Amanda-Jones.aspx

Bar / Professional Activity:

Member, United States District Court for the Southern District of Florida
Member, 11th Circuit Court of Appeals
Member, United States District Court for the Middle District of Florida
Member, The Florida Bar

Verdicts / Settlements (Case Results):

Venture Investment Group II, LLC v. Nurish.me, Inc., , Case No. 2020-010773-CA-01, 11th Judicial Circuit in Miami-Dade County, a case involving a claim for breach of two promissory notes. The firm successfully obtained summary Judgment in the amount of $7,889,660.79 for its client. GFA International, Inc. v Eric Trillas and Trillas Consulting Engineers, 327 So.3d 872 (3d DCA 2021), a case involving the appeal of the denial of a motion for temporary injunction. The firm represented the employer, GFA International, who sued its former employee Eric Trillas and his company, Trillas Consulting Engineers, to enforce a non-competition and nonsolicitation agreement. The trial court denied the motion for temporary injunction. The firm appealed the denial to the Third District Court of Appeal. On appeal, the appellate court reversed the denial of the temporary injunction and ordered the trial court to enter the injunction. Notably, the appellate court rejected the argument that the employee did not have a legitimate business interest to enforce the non-competition to protect the line of business because the employee claimed to have brought the line of business to the employer. The court also rejected the argument, advanced by the employee and agreed to by the trial court, that the non-compete should not be enforced so the employee could keep his new job performing storm damage and engineering services during the pandemic. In support of reversing the trial court, the Third District Court of Appeals cited Florida’s non-compete statute, Section 542.335, which provides: “In determining the enforceability of a restrictive covenant, a court … [s]hall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought.” Liberty Mutual Insurance Company v Wolfson, 299 So.3d 28 (Fla. 4th DCA 2020), a case where the firm represented a plaintiff in the appeal of a $1.6 million verdict obtained by the firm’s client and final judgment in an underinsured motorist case. The insurer sought the reversal of the entire verdict. The appellate court affirmed the verdict and permitted the setoffs request by the insurer. Off the Wall & Gameroom LLC v. Gabbai, 301 So.3d 281 (Fla. 4th DCA 2020), a case involving the appeal of an order denying arbitration filed by the firm. In a case of first impression and with wide ranging ramifications, the court reversed the order denying arbitration and held that children who procure a contract by fraud are bound by the contract and cannot involve the “infancy defense” to avoid the contract. The court also confirmed that reasonable reliance is not required in a claim for fraud. Fields v. Toussie, 295 So.3d 1191 (Fla. 4th DCA 2020), a case involving the appeal of a Writ of Bodily Attachment entered against a judgment debtor. Rosenthal Law Group represented the judgment creditor who domesticated a foreign judgment exceeding $8,000,000. The judgment debtor failed to comply with discovery in aid of execution and violated multiple court orders requiring discovery. The firm successfully obtained a writ of bodily attachment against the debtor. On appeal, the Fourth District Court of Appeal affirmed the issuance of the writ of bodily attachment. United States v. Estelle Stein, 881 F.3d 853 (11th Cir. 2018), an en banc decision of the Eleventh Circuit Court of Appeals overruling more than thirty years of precedent in the Eleventh Circuit which previously held that a taxpayer could not overcome the presumption of correctness in favor of the IRS to defeat a summary judgment motion solely by filing an uncorroborated self-serving affidavit. The Eleventh Circuit held that an otherwise admissible affidavit is sufficient to defeat summary judgment even though it is self-serving uncorroborated. Inside the Art of Craftmanship Corp. v. Design Center of the Americas, 237 SO.3d 378 (Fla. 4th DCA 2018), a case where the appellate court affirmed a final judgment of possession entered against a commercial tenant who failed to deposit rent into the court registry pending the resolution of the case even though the court was closed on the due date. Design Center of the Americas, LLC v. Mike Bell, Inc., 254 F. Supp.3d 1339 (S.D. Fla. 2014), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in the complaint is not alleged to be more than $75,000 and the sole basis for the removal is the amount at issue in the defendant's counterclaim. The decision was the first published opinion in the Southern District of Florida that clarified the rule that the counterclaim is irrelevant when determining the amount in controversy in a removal setting. Maya v. Omnicare, Inc., 2010 WL 2889569 (S.D. Fla. 2010), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in controversy is merely based on speculation

Representative Clients:

GFA International, Inc. v Eric Trillas and Trillas Consulting Engineers, 327 So.3d 872 (3d DCA 2021), a case involving the appeal of the denial of a motion for temporary injunction. The firm represented the employer, GFA International, who sued its former employee Eric Trillas and his company, Trillas Consulting Engineers, to enforce a non-competition and nonsolicitation agreement. The trial court denied the motion for temporary injunction. The firm appealed the denial to the Third District Court of Appeal. On appeal, the appellate court reversed the denial of the temporary injunction and ordered the trial court to enter the injunction. Notably, the appellate court rejected the argument that the employee did not have a legitimate business interest to enforce the non-competition to protect the line of business because the employee claimed to have brought the line of business to the employer. The court also rejected the argument, advanced by the employee and agreed to by the trial court, that the non-compete should not be enforced so the employee could keep his new job performing storm damage and engineering services during the pandemic. In support of reversing the trial court, the Third District Court of Appeals cited Florida’s non-compete statute, Section 542.335, which provides: “In determining the enforceability of a restrictive covenant, a court … [s]hall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought.” Liberty Mutual Insurance Company v Wolfson, 299 So.3d 28 (Fla. 4th DCA 2020), a case where the firm represented a plaintiff in the appeal of a $1.6 million verdict obtained by the firm’s client and final judgment in an underinsured motorist case. The insurer sought the reversal of the entire verdict. The appellate court affirmed the verdict and permitted the setoffs request by the insurer. Off the Wall & Gameroom LLC v. Gabbai, 301 So.3d 281 (Fla. 4th DCA 2020), a case involving the appeal of an order denying arbitration filed by the firm. In a case of first impression and with wide ranging ramifications, the court reversed the order denying arbitration and held that children who procure a contract by fraud are bound by the contract and cannot involve the “infancy defense” to avoid the contract. The court also confirmed that reasonable reliance is not required in a claim for fraud. Fields v. Toussie, 295 So.3d 1191 (Fla. 4th DCA 2020), a case involving the appeal of a Writ of Bodily Attachment entered against a judgment debtor. Rosenthal Law Group represented the judgment creditor who domesticated a foreign judgment exceeding $8,000,000. The judgment debtor failed to comply with discovery in aid of execution and violated multiple court orders requiring discovery. The firm successfully obtained a writ of bodily attachment against the debtor. On appeal, the Fourth District Court of Appeal affirmed the issuance of the writ of bodily attachment. United States v. Estelle Stein, 881 F.3d 853 (11th Cir. 2018), an en banc decision of the Eleventh Circuit Court of Appeals overruling more than thirty years of precedent in the Eleventh Circuit which previously held that a taxpayer could not overcome the presumption of correctness in favor of the IRS to defeat a summary judgment motion solely by filing an uncorroborated self-serving affidavit. The Eleventh Circuit held that an otherwise admissible affidavit is sufficient to defeat summary judgment even though it is self-serving uncorroborated. Inside the Art of Craftmanship Corp. v. Design Center of the Americas, 237 SO.3d 378 (Fla. 4th DCA 2018), a case where the appellate court affirmed a final judgment of possession entered against a commercial tenant who failed to deposit rent into the court registry pending the resolution of the case even though the court was closed on the due date. Acquisition Trust Company, LLC v. Laurel Pinebrook, LLC, 226 So.3d 325 (Fla. 2d DCA 2017), reh. denied, a successful appeal of a trial court’s dismissal with prejudice without leave to amend in a case involving a claim of an improper exercise of a right of first refusal. Design Center of the Americas, LLC v. Mike Bell, Inc., 254 F. Supp.3d 1339 (S.D. Fla. 2014), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in the complaint is not alleged to be more than $75,000 and the sole basis for the removal is the amount at issue in the defendant's counterclaim. The decision was the first published opinion in the Southern District of Florida that clarified the rule that the counterclaim is irrelevant when determining the amount in controversy in a removal setting. Maya v. Omnicare, Inc., 2010 WL 2889569 (S.D. Fla. 2010), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in controversy is merely based on speculation, 2021
Inside the Art of Craftmanship Corp. v. Design Center of the Americas, 237 SO.3d 378 (Fla. 4th DCA 2018), a case where the appellate court affirmed a final judgment of possession entered against a commercial tenant who failed to deposit rent into the court registry pending the resolution of the case even though the court was closed on the due date., 2018
United States v. Estelle Stein, 881 F.3d 853 (11th Cir. 2018), an en banc decision of the Eleventh Circuit Court of Appeals overruling more than thirty years of precedent in the Eleventh Circuit which previously held that a taxpayer could not overcome the presumption of correctness in favor of the IRS to defeat a summary judgment motion solely by filing an uncorroborated self-serving affidavit. The Eleventh Circuit held that an otherwise admissible affidavit is sufficient to defeat summary judgment even though it is self-serving uncorroborated., 2018
Fields v. Toussie, 295 So.3d 1191 (Fla. 4th DCA 2020), a case involving the appeal of a Writ of Bodily Attachment entered against a judgment debtor. Rosenthal Law Group represented the judgment creditor who domesticated a foreign judgment exceeding $8,000,000. The judgment debtor failed to comply with discovery in aid of execution and violated multiple court orders requiring discovery. The firm successfully obtained a writ of bodily attachment against the debtor. On appeal, the Fourth District Court of Appeal affirmed the issuance of the writ of bodily attachment., 2020
Off the Wall & Gameroom LLC v. Gabbai, 301 So.3d 281 (Fla. 4th DCA 2020), a case involving the appeal of an order denying arbitration filed by the firm. In a case of first impression and with wide ranging ramifications, the court reversed the order denying arbitration and held that children who procure a contract by fraud are bound by the contract and cannot involve the “infancy defense” to avoid the contract. The court also confirmed that reasonable reliance is not required in a claim for fraud., 2020
Liberty Mutual Insurance Company v Wolfson, 299 So.3d 28 (Fla. 4th DCA 2020), a case where the firm represented a plaintiff in the appeal of a $1.6 million verdict obtained by the firm’s client and final judgment in an underinsured motorist case. The insurer sought the reversal of the entire verdict. The appellate court affirmed the verdict and permitted the setoffs request by the insurer., 2020

Honors:

Florida Super Lawyers Rising Stars, 2016 - 2022, Florida Super Lawyers Rising Stars, Florida Super Lawyers Rising Stars
Member, Moot Court Board, International Moot Court Competition, Stetson University
Recipient, William F. Blews Pro Bono Service Award
Recipient, Full Tuition Merit Scholarship, Stetson University

Educational Background:

University of Florida, Bachelor of Science in Business Administration, Honors: with honors, 2003

Scholarly Lectures / Writings:

Associate, Stetson Law Review, Stetson University

Amanda J. Jones