April 2, 2026

WEST PALM BEACH – Managing Partner Edward Prieto, along with Partners Nicole Healy and Maggie Colter, secured an appellate victory for a Florida hotel owner in a high-stakes negligence case. After the trial court granted the defense’s Motion for Final Summary Judgment and struck the Plaintiff’s expert witness under Daubert, the Plaintiff appealed. The appellate court has since affirmed the lower court’s ruling, completely shielding QPWB’s client from a multi-million dollar demand.

Overview of the Case

This matter serves as an appellate follow-up to the favorable trial court verdict originally published in November 2024. The litigation involved a hotel owner facing significant exposure after an incident on the property involving a guest's dog. Following the QPWB team’s success in striking the Plaintiff’s expert and securing a Motion for Summary Judgment (MSJ), the Plaintiff sought to overturn that decision on appeal.

Key Difference-Makers

• Edward Prieto – Managing Partner, West Palm Beach
• Nicole Healy – Partner, West Palm Beach
• Maggie Colter – Partner, Tampa

Claims Made Against Our Client

The Plaintiff asserted that the hotel had an obligation to warn of dangerous conditions and failed to take reasonable precautions to prevent an animal attack. The core of the Plaintiff’s argument relied on an expert witness whose testimony aimed to establish a breach of duty and industry standards. Opposing counsel argued that the hotel’s negligence directly resulted in millions of dollars in medical complications.

Defense Strategy

While the trial victory was built on the team’s aggressive discovery and the successful Daubert challenge, the appellate phase required a technical defense of the trial court’s record. Ms. Colter led the drafting of the answer brief, focusing on the critical legal standards that supported the initial dismissal.

The strategy focused on reinforcing the trial court’s gatekeeping role, arguing that without the struck expert testimony, the Plaintiff’s case lacked the essential elements to proceed. This approach effectively navigated the legal complexities surrounding a hotel’s duty of care and ensured that the rare trial-level win was not only protected but finalized by the appellate court.

Impact on Final Outcome

The Plaintiff appealed the ruling to the Florida 4th DCA. After submitting the briefs and hearing oral argument, the appellate court affirmed the trial court’s ruling in a unanimous PCA opinion. The appellate Court also denied the Plaintiff’s motion for a written opinion. Maggie Colter drafted the appellate briefs and Edward Prieto handled the Oral Argument. Colter’s writing and persuasive arguments outlined in the briefs made Prieto’s job at oral argument very easy.

By upholding the trial court’s decision to strike the expert and grant summary judgment, the appellate victory turned a potential $5 million liability into a permanent zero-award result. This outcome officially shielded the client from the massive settlement recommended by previous counsel and provided a conclusive end to the litigation, eradicating the claim once and for all.

Unique Aspects of the Case

The most notable aspect of this victory was the trajectory of the file. Originally handled by a different firm that recommended the client settle for over $2 million, the case was transferred to QPWB mid-discovery. By refusing to accept the high-exposure settlement recommendation and instead pursuing an aggressive defense, the QPWB team transformed a multimillion-dollar liability into a favorable resolution for the client.

This result was made permanent by the appellate court’s affirmation, ensuring the client was completely shielded from the initial demands.

Predicting the Future

This victory reflects the core identity of QPWB, which is to provide a different level of representation by offering an alternative to standard litigation outcomes. By securing a dismissal in a case where previous counsel had advised a seven-figure settlement, QPWB attorneys demonstrated the value of a meticulous re-examination of the evidentiary record.

Key Actions in This Case

• Strategic Appellate Briefing: Drafted a persuasive answer brief that effectively defended the trial court’s record and legal findings.
• Protection of the Summary Judgment: Successfully prevented the reversal of a rare dismissal in a high-exposure negligence matter.
• Conclusive Affirmation: Secured a final appellate ruling that permanently closed the case, ensuring zero liability for the client.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.