Philip J. Fairman (Fort Myers, FL) (D&O) obtained a Final Summary Judgment in Lee County, Florida in the case of Iberia Bank v. Blue Water Coach Homes Condominium Association, Inc. During construction of the condominiums, the developer learned that multiple units contained Chinese drywall. As a consequence, the developer was unable to sell those units. A Federal class… 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
Roye v. Circle One Condominium, Inc.
Evelyn Greenstone Kammet (Miami, FL) (D&O) Evelyn Greenstone Kammet successfully obtained a Dismissal of a condominium unit owner’s claims against a condominium association for breach of contract, the unlawful filing of a false document in violation of Fla. Stat. § 817.535, and violation of the Florida Consumer Collections Practices Act, based on Florida’s absolute litigation privilege and failure… Read More
Christine Green v. William Garbarino
Matthew Bernstein (Central Florida) (D&O) Plaintiff filed a complaint on 05/19/2021 against a former director of a homeowners’ association for defamation. On 11/08/2021, we filed a Motion to Dismiss on behalf of the Insured for Lack of Service of Process pursuant to Fla. R. Civ. P. 1.070(j), which provides that the court, on its own initiative or… Read More