NUNES v. HERSCHMAN

No. 4D19-2798.

310 So.3d 79 (2021)

Alex NUNES, Appellant, v. Valerie HERSCHMAN, individually and in her capacity as guardian for Shirley Fiterman, the Ward, and Brian O'Connell, in his capacity as guardian for Shirley Fiterman, the Ward, Appellees.

District Court of Appeal of Florida, Fourth District.

January 6, 2021.


Attorney(s) appearing for the Case

Josh M. Bloom , Marshall A. Adams , and Amber L. Ruocco of Lubell & Rosen, LLC, Fort Lauderdale, for appellant.

Jack J. Aiello and Holly L. Griffin of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellee Valerie Herschman, individually.

Christopher W. Kammerer of Kammerer Mariani PLLC, West Palm Beach, for appellee Valerie Herschman, in her capacity as guardian for Shirley Fiterman, the Ward.


An employee was subpoenaed to appear for deposition. After giving unfavorable testimony about his employer at the deposition, the employer terminated that employee. The employee filed a complaint alleging, in part, a cause of action under section 92.57, Florida Statutes (2017), which states that "[a] person who testifies in a judicial...

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