Carlton Bober , Evan Zuckerman , and Ashley M. Arias (Hollywood, FL) (First Party Property/ Appeal) prevailed at the Third Direct Court of Appeals, affirming the granting of Defendant’s Motion to Dismiss for lack of standing. The underlying case arose out of Appellant’s claim that Appellee breached its contract with its insured, Maybet Falcon, by refusing to pay for services rendered to… Read More
Kacey Chiddister vs. Florida Department of Children and Families
William Kratochvil and Joseph Bootka (Ft. Myers, FL) (Negligence/Appeal) prevailed at the Sixth District Court of Appeals, affirming the granting of the Final Summary Judgment for the Defendant Florida Department of Children and Families (DCF). The case focused on a negligence cause of action against DCF with a non-relative caregiver who had a previous criminal history, diagnoses of bi-polar… Read More
Galindo v. The Ivy Condominium Association, Inc.
Evelyn Greenstone Kammet (Miami, FL) (D&O/Appeal) Evelyn Greenstone Kammet successfully defeated two appeals filed by a unit owner against his condominium association regarding an award of attorney’s fees (note, Ms. Greenstone Kammet also handled the evidentiary hearing regarding attorney’s fees at the trial court level). Specifically, the unit owner sought $189,900.00 in attorney’s fees, and when the trial… Read More
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… Read More
Beasley v. Wells Fargo Bank, N.A. and Lilac Group-Sanford, LLC
Tim Kazee and Matthew Bernstein (Deland, FL) (Appeal) The Plaintiff parked in the drive thru lane of our client, Wells Fargo bank. Plaintiff then walked across the street to a bar. Upon returning to his vehicle, he was shot in the head. Plaintiff survived and filed a premises liability lawsuit in federal court against the bank and the alleged… Read More