Law Office Of Robert G. Fegers, P.L.

Representative Cases

The majority of all cases commenced are settled before trial. Of those cases tried, a small percentage end up on appeal. Of those cases appealed, a small percentage result in the issuance of a published opinion by the appellate court. Typically, an appellate court issues an opinion for publication to discuss and analyze a particular issue of law. Members of the firm have served as lead counsel, associate counsel or class counsel in each of the following representative cases from the trial court through the appeal. A brief description of the issue discussed in each case has been provided for your convenience.

State of Florida Dept. of Highway Safety and Motor Vehicles, et. al., v. Sergio Rendon, et. al., 32 FLW D522 (3rdDCA February 21, 2007) determining fees for placards violates the Americans with Disabilities Act.

Eloise Community Redevelopment Agency, et. al., v. Polk County, Florida and Don C. Smith, Final Order No. AC-05-003; AC Case No. ACG-05-006; DOAH Case No. 05-0717GM; State of Florida Administration Commission; 5ER FALR 144, August 9, 2005, determining County violated its own comprehensive land use plan in adoption of land use map amendment.

Klingler v. Director, 366 F. 3d 614 (8thCir. 2004), vacated and remanded, 125 S. Ct 2899 (2005); The authority of Congress to enact the Americans with Disabilities Act pursuant to the Commerce Clause.

State v. Rendon, 832 So. 2d 141 (3rd DCA, 2002) review denied, 851 So. 2d 729 (Fla. 2003), vacated and remanded, 124 S. Ct. 2387 (2004).; The authority of Congress to abrogate a state’s 11th Amendment immunities in enacting the Americans with Disabilities Act.

Treasure Coast Motor Sales, Inc. v. Heaton, 848 So.2d 386 (4thDCA; June 11, 2003.); Applicability of an arbitration clause in a motor vehicle purchase contract.

Deep South Systems, Inc. v. Heath, 843 So.2d 378 (2ndDCA; May 2, 2003.); Licensing requirement of a subcontractor performing roofing services for a state-certified licensed roofing contractor.

Thompson v. Colorado, 60 Fed. Appx. 212 (C.A. 10 (Colo.), 2003.); Responsibility of clerk to accept filings presented by parties in litigation.

McGarry v. Missouri Dep't of Revenue, 7 F.Supp.2d 1022 (W.D. Mo. 1998), vacated for lack of federal jurisdiction, 1999 U.S. Dist. LEXIS 22222 (W.D. Mo. Dec. 9, 1999), reversed, 281 F.3d 776 (8th Cir. 2002); Whether fees charged to persons with disabilities by the State of Missouri is violative of the Americans with Disabilities Act.

Thompson v. Colorado, 29 F.Supp.2d 1226 (D. Colo. 1997), vacated for lack of federal jurisdiction, 278 F.3d 1020 (10th Cir. 2001), cert. denied, 122 S.Ct. 1960, 152 L.Ed.2d 1021 (2002); Congressional authority to abrogate the 11th Amendment immunities of States in the enactment of Americans with Disabilities Act.

Dare v. California Dep't of Motor Vehicles, 1997 U.S. Dist. LEXIS 23158 (C.D. Cal. 1997), affirmed at Dare v. California, 191 F.3d 1167 (9th Cir. 1999), cert. denied, 531 U.S. 1190, 121 S. Ct. 1187, 149 L.Ed. 2d 103 (2001); Congressional authority to abrogate the 11th Amendment immunities of States in the enactment of Americans with Disabilities Act.

Brown v. North Carolina Div. of Motor Vehicles, 166 F 3d 698 (4th Cir. 1999), cert. denied, 531 U.S. 1190, 121 S. Ct. 1186, 149 L. Ed. 2d 103 (2001); The authority of the United States Department of Justice to enact regulations in furtherance of implementing Federal statutes.

Marcus, et. al v. State of Kansas, 980 F. Supp. 398 (D. Kansas 1997) reversed, 170 F. 3d 1305 (10th Cir. 1999); The applicability of the Tax Injunction Act and the jurisdiction of federal courts to review the legality of charges imposed by statute upon persons with disabilities.

Hexom v. Oregon Dep’t of Transportation, 177 F. 3d 1134 (9th Cir. 1999); Applicability of the Tax Injunction Act and the jurisdiction of federal courts to review the legality of exactions charged persons with disabilities by the State of Oregon.

Thrope v. Ohio, 19 F.Supp.2d 816 (S.D. Ohio 1998); Legality of exactions imposed by the State of Ohio upon persons with disabilities.

Duprey v. Connecticut, 28 F.Supp.2d 702 (D. Conn. 1998); Legality of exactions imposed by the State of Connecticut upon persons with disabilities.

Bonura v. Bonura, 546 So. 3d 1120 (4th DCA 1989), rev. den., 558 So. 2d 17 (FL. 1990); Examined the fairness of the trial court’s determination of equitable distribution of property in a dissolution of marriage action.

Gedi Properties, Inc. v. Advance Barricades and Signing, Inc., 489 So. 2d 878 (4th DCA 1986); Garnishee’s liability to creditor upon failure to file pleadings in garnishment action.