Kapitanov v. Spinnaker Bay Townhomes Community Association, Inc.

Evelyn Greenstone Kammet and Miguel Espinosa (Miami, FL) (D&O/Appeal) Evelyn Greenstone Kammet and Miguel Espinosa successfully obtained a Dismissal with prejudice of unit owners’ derivative claims after all five iterations of their complaint were dismissed (over the course of two years) for failing to satisfy the particularity requirement of Fla. Stat. 617.07401(2), governing pre-suit requirements to maintaining a shareholder derivative action. The unit owners appealed the Dismissal, and Ms. Greenstone Kammet successfully obtained a per curiam affirmance by the Third District in addition to an award of appellate fees for her client. Ms. Greenstone Kammet then successfully defeated the unit owner’s attempt to appeal the Third District’s decision to Florida’s Supreme Court, and she obtained another order granting her client reimbursement for attorney’s fees incurred in connection therewith.