Alvarez Garcia http://www.alvarezgarcia.com/ 2008-12-30T19:19:05+00:00 http://www.alvarezgarcia.com/archives/2008/12/post.html Greetings Tampa.bmp

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ALVAREZ GARCIA is an "AV rated" law firm in Tampa serving clients with either an appreciation for quality or an inability to obtain it elsewhere. The firm recognizes the abundance of lawyers in the Bay Area and distinguishes itself by serving each of its clients individually. Whether the client is a corporation at risk, a bereaved family or a displaced consumer, Rick Alvarez, Anthony Garcia and the staff of Alvarez Garcia pride themselves on providing services specific to the client's needs and expectations. Surpassing these expectations, through advocacy, technical skill and creativity, is the intended result.

Alvarez Garcia is not a "claims administrator" that amasses a large number of cases only to compromise the clients' rights in the end. Alvarez Garcia is a law firm in the most traditional sense. It handles every case from the earliest stage of investigation to the final stages of trial and, if necessary, appeal. This experience in all parts of litigation, including trial and appellate work, is unique and not offered by most attorneys who otherwise hold themselves out as litigators.

The firm practices within the state and federal courts of the Tampa Bay Area and in the specific areas of business litigation, contracts, significant personal injury, automotive negligence, criminal defense, products liability, and issues of libel and slander.

Alvarez Garcia welcomes the opportunity to serve you and your interest and may be reached by telephone at (813)259-9555, by clicking the "Contact the Firm Now" box, above, or by writing directly to triallawyers@alvarezgarcia.com.

Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. An "AV" rating indicates a lawyer or lawyers whose legal abilities and ethical standards are "very high to preeminent." The possible ratings of "AV," "BV" and "CV" are registered certification marks of Reed Elsevier Properties Inc. and used in accordance with the procedures of Martindale-Hubbell. Actual ratings reflect the confidential opinions of members of the bar and the judiciary.

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About Alvarez Garcia alvarezgarcia 2008-12-30T19:19:05+00:00
Upcoming HCBA Seminar on "The Essentials of Personal Injury Litigation" http://www.alvarezgarcia.com/archives/2008/06/pcoming_seminar-1.html Bar.JPG

The Hillsborough County Bar Association has again invited Rick Alvarez to speak at a seminar on "The Essentials of Personal Injury Litigation." This will be the second year for the seminar, which enjoyed considerable interest and attendance in 2007. The seminar has been expanded for 2008 and is scheduled for October 2nd, between 9:00 a.m. and 5:00 p.m. Other speakers include Judge Ralph Stoddard and attorneys, Henry Valenzuela, Fred Zinober, Tom Elligett, Derek Alvarez and Kevin McLaughlin.

More information is available at www.hillsbar.com.

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Legal Developments and Lecture Notes alvarezgarcia 2008-06-12T11:51:39+00:00
West Tampa Boys' Club Reunion http://www.alvarezgarcia.com/archives/2008/05/est_tampa_boys_.html WT Branch Reunion Poster s.bmp

Alvarez Garcia is pleased to announce a reunion of all West Tampa Boys' Club alumni on February 21, 2009, between 5:00 p.m. and 8:00 p.m.

A cocktail party will be held at the club's new headquarters at 1301 North Boulevard in Tampa and should provide a wonderful opportunity for former members to reunite while seeing how the traditions of support and fellowship continue at today's club.

All alumni are urged to contact Community Relations Director, Ricky Gallon, with their contact information and any information they may have on other members who attended the West Tampa Boys' Club between 1945 and 1985. Mr. Gallon can be reached by telephone at (813) 769-7541 or by email at rgallon@bgctampa.org.

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Social Happenings alvarezgarcia 2008-05-12T20:38:26+00:00
Hyde Park Village Live Music Series http://www.alvarezgarcia.com/archives/2008/05/yde_park_villag.html Live Music Series Logo Web.bmp

All friends of the firm are invited to join the fun at the Hyde Park Village Live Music Series. The event takes place in the shade of the shopping district and on the last Wednesday of every month between May and October. The music begins at 6:00 p.m. and ends at 9:00 p.m. although the beer, wine and socializing often continue into the night. Be sure to visit the Alvarez Garcia tent near the fountain and pick up a complimentary "green grocery bag" or college football magnet while they last!

More information and directions are available by clicking www.hydeparkvillage.net/events/.

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Social Happenings alvarezgarcia 2008-05-01T19:50:15+00:00
Past Lecture Topics http://www.alvarezgarcia.com/archives/2008/04/pcoming_litigat.html lormanlogo_noleft.gif

"Overview, Evaluation and Preparation of Premises Liability Cases from a Plaintiff's Perspective - 'Avoiding Holes and Other Pitfalls in Your Firm'"
Lorman Education Services: "Premises Liability and Negligent Security in Florida"
(May 2006)

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"Preparing for a Trial by Experts"
Hillsborough County Bar Seminar: "The Essentials of Personal Injury"
(September 2008)

"Pharmaceutical Liability Under Florida Law"
Hillsborough County Bar Seminar: "Legal Oddities and Other Curiosities of Civil Litigation,"
(November 2006)

"The Road to Recovery - 'A Three-Step Program to Recovery in Cases of Roadway Construction,"
Hillsborough County Bar Seminar: "Premises Liability"
(September 2005)

"Workers' Compensation Immunity in the Aftermath of Tort Reform,"
Hillsborough County Bar Seminar: "Litigation of Wrongful Death Cases in the Aftermath of Tort Reform"
(September 2004)

"Pretrial Preparation, Jury Selection and Trial of Products-Liability Suits for Plaintiffs,"
Hillsborough County Bar Seminar: "Products Liability"
(January 2004)

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"The Forgotten Challenge of Pitching a Complete Game: Maximizing Damages from Beginning to End,"
Academy of Florida Trial Lawyers: "Proving Damages"
(March 2003)

"Class Actions in State and Federal Court,"
Hillsborough County Bar Seminar: "Class Actions"
(January 2003)

"Trial of a Products Liability Case: Promoting Your Product Before a Jury of Consumers,"
Hillsborough County Bar Seminar: "Products Liability"
(2002)

"Effective Approaches to Jury Selection in Cases of Products Liability,"
Academy of Florida Trial Lawyers: "The Fine Art of Jury Selection & the Craft of Presenting Damages"
(April 2001)

"Rebuttal Summation for the Plaintiff: How to Do It and What to Do,"
Academy of Florida Trial Lawyers: "Workhorse Seminar"
(2000)

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Legal Developments and Lecture Notes alvarezgarcia 2008-04-30T10:50:55+00:00
Garcia Places in Top Third and "Escapes" from Ft. Desoto http://www.alvarezgarcia.com/archives/2008/04/arcia_finishes_.html FtD.bmp

APRIL 2008 - Anthony Garcia overcame the rigors of running, swimming and biking, as well as considerable chafing, to place in the top third of his age group at the "Escape from Fort DeSoto" triathlon. Anthony's success has led to a real interest in Beijing and watching the upcoming Olympics from his living room.

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Social Happenings alvarezgarcia 2008-04-15T20:46:09+00:00
Business Clients http://www.alvarezgarcia.com/archives/2008/04/veterinary_medi.html Alvarez Garcia has proudly served the following companies in matters involving litigation, commercial disputes and related corporate affairs:

Atlas Professional Services, Inc.

A Star Is Born Sportswear

Blue Sky Travel Agency, www.workwithbluesky.com

Body Science, Inc.

Bread and Butter Deli, www.breadandbuttergormetdeli.com

Cheval Golf and Country Club

Commercial Threadworks

DGC Environmental, Inc., www.dgcenvironmental.com

Exxon Mobil Corporation, www.exxonmobil.com

Family Dollar Stores, www.familydollar.com

Fred Fleming's Famous Bar-B-Que Restaurants, www.fredflemingsbbq.com

Global Gateway Communications

Global Visions, Inc.

Grille One Sixteen Restaurant of Tampa

Hammon Construction Company

Healthtest Scan Center

Iavarone's Steakhouse,www.iavaronessteakhouse.com

Imperial Stone & Ceramic, Inc.

International Eye Center, www.internationaleyecenter.com

International Research Center, Inc.

Lopez Trucking

Manhattan City Townhomes

Modern Window Fashions

Precision Foam, Inc.

Orbitz Worldwide, Inc., www.orbitz.com

Quality Executive Homes

Sammy Frog's Restaurants

Seven 17 South Restaurant

Spain Toma Restaurant, www.tomaspain.com

Superior Communication Solutions, Inc.

Tampa Bay Construction & Engineering, Inc.

Terrier Tri, www.terriertri.com

Top to Bottom Home Inspections

Trip Network, Inc.

TWT Construction, Inc.

Venturesin.com, Inc.

Veterinary Medical Clinic, www.vmctampa.com

The firm welcomes the opportunity to serve your company, whether a national corporation or a business operating exclusively in the Tampa Bay Area!

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Business Clients alvarezgarcia 2008-04-01T14:04:39+00:00
Recovery of Withheld Insurance Benefits http://www.alvarezgarcia.com/archives/2008/03/ecovery_of_with.html MARCH 2008 - USAA Casualty Insurance Company agreed to pay over $300,000 in underinsured motorist ("UM") benefits previously withheld on its assertion of a "household exclusion" and the doctrine of parental immunity. The primary insured and his minor daughter were involved in a collision in September of 2006. The minor sustained injuries while riding in an automobile driven by her father. The family and its initial counsel thereafter demanded payment of the UM benefits from USAA in order to address the minor's injuries and associated medical expenses. USAA rejected the family's demands and did so repeatedly, including before the Florida Department of Insurance. Alvarez Garcia accepted the cause and promptly sought declaratory relief under Chapter 86 of the Florida Statutes. After considerable analysis and litigation before the trial court, it was determined that neither the "household exclusion" nor the doctrine of parental immunity applied so as to bar the minor's claims for insurance benefits. The final recovery included payment of the withheld benefits and additional amounts reflective of the litigation costs and fees under Florida Statutes, Section 627.428.

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Noteworthy Results alvarezgarcia 2008-03-16T19:16:13+00:00
Alvarez Resumes Service on Boys' Club Board of Directors http://www.alvarezgarcia.com/archives/2008/01/lvarez_resumes_.html logo(shorter).bmp

JANUARY 2008 - Rick Alvarez has resumed his service on the board of directors for the Boys' Clubs of Tampa Bay, including his additional placement on the board of trustees for the West Tampa Boys' Club. Rick, his brother, Chris Alvarez, and their dear friend, Jeff Bushofsky, were regular members at the West Tampa Branch between 1976 and 1982. Rick's goal in returning to the board is to assure that today's members enjoy the same guidance and opportunities once given to him and his family. For more information about the Boys' Clubs of Tampa Bay and how you might assist in their work, please visit bgctampafl.org.

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Social Happenings alvarezgarcia 2008-01-09T21:41:51+00:00
http://www.alvarezgarcia.com/archives/2007/12/rick_alvarez_gr_1.html RickBio.bmp

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RICK ALVAREZ is a native of Tampa and a graduate of the University of Notre Dame Law School and the Fisher School of Accounting at the University of Florida. He began his practice in Miami under the primary guidance of two past presidents of The Florida Bar, Gerald Richman and Herman Russomanno. His service at the firm of Floyd Pearson Richman Greer continued until Mr. Alvarez was invited to join the firm of Sheftall, Alvarez & Torres as a founding member. At the age of only twenty-seven years, Mr. Alvarez became a partner in this well-known and successful Miami firm. His work as a trial lawyer in cases involving wrongful death and products liability, including multi-district litigation arising from the off-label use of orthopedic bone screws, provided the opportunity to serve as many as seventy-five aggrieved families at once and to establish new law while doing so. In 2000, Mr. Alvarez returned home to continue his litigation practice. He did so first alongside noted trial attorney, C. Steven Yerrid, and then at his own firm, Alvarez Garcia.

Over his years of litigating, Mr. Alvarez has developed particular interest and skill in cases which some might find too difficult or challenging, such as those involving complex commercial transactions, deaths in the workplace, and occurrences on both private and public properties. As a result, Mr. Alvarez has experienced the good fortune of obtaining verdicts or settlements in excess of one-million dollars for a significant number of clients during his career, including the recovery of $3,000,000 following an on-the-job fatality for which the employer and related companies all asserted the defense of absolute immunity.

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However, not all of Mr. Alvarez' work has been directed towards large verdicts and settlements alone. In 2000, Mr. Alvarez was appointed as Special Counsel to the Office of the Chief Judge of the Thirteenth Judicial Circuit and thereafter spent over three-hundred hours representing the court and its judges against claims brought by The Tampa Tribune and WFLA-TV. The pro bono representation featured work before both the Second District Court of Appeal and the Florida Supreme Court. Mr. Alvarez not only serves before the state courts, but is admitted to practice before the Eleventh Circuit Court of the United States and the Middle and Southern District Courts of the federal judiciary in Florida. He is an active member of the Hillsborough County Bar Association and the Academy of Florida Trial Lawyers (EAGLE), and his service has included numerous lectures on the topics of complex litigation, products-liability and catastrophic injury. His discussion of pharmaceutical liability and analysis of the rights of children to recover damages for their parents' injuries earned separate publication in The Florida Bar Journal. Mr. Alvarez has also contributed to the Florida Bar by serving on its Judicial Administration, Selection and Tenure Committee. In 2005, he earned the prestigious rating of "AV" or "very high to preeminent" from both judges and peers in the legal community.

Finally, Mr. Alvarez spends the balance of his time gathering with family, enjoying the company of his friends, and playing his guitar for whomever will listen. He also serves on the board of directors for the Boys Clubs of Tampa Bay and the board of trustees for the West Tampa Boys Club, where he was an active member from 1976 to 1982.

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Biography of Alvarez alvarezgarcia 2007-12-21T16:37:40+00:00
Garcia Selected to Chair Section of HCBA http://www.alvarezgarcia.com/archives/2007/07/arcia_selected_.html 39(s).bmp

JULY 2007 - Anthony Garcia has been selected to chair the Small Firm/Solo Practitioners' Section of the Hillsborough County Bar Association. Among his various duties, Anthony will serve as the editor of all articles published by this special section in the monthly magazine of the HCBA.

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Legal Developments and Lecture Notes alvarezgarcia 2007-07-13T19:31:50+00:00
Broadcast of "Risky Fences" on WFLA-TV http://www.alvarezgarcia.com/archives/2007/07/roadcast_of_ris.html WFLA-TVs.bmp

JUNE 2007 - WFLA NewsChannel 8 and its reporter, Lynn Carson, produced a segment on obstructive fences along Florida Avenue in Tampa. Rick Alvarez was consulted in regards to his representation of the late Flora Revesz and his research of the codes and standards applicable to sight obstructions at intersections. Ms. Carson also reported on a term within the settlement for Flora's survivors under which one of the fences must be removed within 120 days. Residents in the surrounding neighborhood of Old Seminole Heights praised the unusual term and hoped that it provides the first of many improvements to the general safety of the area.

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Legal Developments and Lecture Notes alvarezgarcia 2007-07-03T01:14:06+00:00
Fatal Sight Obstruction on Florida Avenue in Tampa http://www.alvarezgarcia.com/archives/2007/06/atal_sight_obst.html RJs2.bmp

JUNE 2007 - A presuit settlement of $500,000 was secured for the surviving parents of a thirty-one year old college student who died while attempting to enter Florida Avenue from one of the many residential streets that intersect with this controversial throughfare in Tampa. The young lady's view of traffic was obstructed that evening by a chain-link fence installed immediately adjacent to the public right of way. The fence was one of several which obstruct the sight of motorists who travel from their homes in the Seminole Heights Area of Tampa and must cross or enter Florida Avenue. The firm's research revealed that the fence violated Section 27-240 of the City of Tampa Code and the guidelines of the Florida Department of Transportation regarding mandatory sight-distance triangles at intersections. In addition to its payment of $500,000, the property owner agreed to rebuild the fence and eliminate all obstructions.

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Noteworthy Results alvarezgarcia 2007-06-20T02:39:23+00:00
http://www.alvarezgarcia.com/archives/2007/05/anthony_garcia.html AnthonyBio.bmp

ANTHONY GARCIA studied law at both the South Texas College of Law and Stetson University before graduating in 1996. A native of Tampa, he attended Jesuit High School and later earned a degree in communications from the University of Florida. Following college, Anthony began his development as a trial lawyer under the guidance of the Honorable Harry Lee Coe, III, at the Office of the State Attorney for Hillsborough County, Florida. Anthony thereafter entered private practice by joining Caglianone & Miller, a respected firm which specialized in corporate and insurance defense in the Tampa Bay Area. His clients included, among others, Allstate Insurance, Metropolitan Insurance, and Federated National Insurance Company. In 2004, Anthony joined in the establishment of Alvarez Garcia so to diversify his practice before the state and federal courts. He is an active member of the Hillsborough County Bar Association and is authorized to practice before the United States District Court for the Middle District of Florida. Anthony actively litigates matters involving personal injury, criminal defense, DUI defense and commercial litigation. An active member of the Screen Actors Guild since 2001, he also counsels clients in the areas of sports and entertainment law.

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Anthony Garcia has been a committed participant in a number of philanthropic causes, including the Make-A-Wish Foundation, the Mental Health Care Foundation, the "Susan G. Komen Race for the Cure," the "Great American Teach In," and the Child Abuse Council at St. John Greek Orthodox Day School. In addition, Anthony proudly sat as a committee chairperson for the Tampa Museum of Art. He enjoys spending time with his family and friends as well as training for and competing in triathlons.

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Biography of Garcia alvarezgarcia 2007-05-05T16:43:02+00:00
Seizures Following Xanax Withdrawal http://www.alvarezgarcia.com/archives/2007/04/anax_withdrawal.html alprazolam-xanax-treatment.bmp

APRIL 2007 - A confidential settlement was reached with a local pharmacy after it misfilled and mislabeled a customer's initial prescription for Xanax XR. The customer, age 85, received a prescription for .5 milligrams yet the pharmacy delivered a quardrupled dosage at 2.0 milligrams. The label indicated the correct dosage, and as a result, the customer took the medication as labeled and prescribed. These errors were not detected until the customer returned to the pharmacy and complained about his disorientation and lethargy. The pharmacist quickly realized the prior error and, in an effort to correct it, actually compounded the danger. The pharmacist replaced the quadrupled dosage with the lesser amount previously prescribed. Seizures followed. Alvarez Garcia took the case on behalf of the oldster and his spouse based upon principle and the challenges presented. After a year and a half of litigation, the matter was settled favorably just two weeks prior to trial.

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Noteworthy Results alvarezgarcia 2007-04-14T14:28:57+00:00