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
Deese v. Realtors Association of Lake & Sumter Counties, Inc., et al.
Matthew Bernstein (Deland, FL) (D&O) obtained a Summary Judgment in favor of a real estate association and its individual Board of Directors, all of whom were named respondents, in a declaratory judgment action filed by the Association’s former President. The Petitioner alleged that the Association and its Directors improperly removed him as President at its… Read More
Cornfeld v. Plaza of the Americas Club., Inc.
Evelyn Greenstone Kammet (Miami, FL) (D&O/Appeal) successfully defended a shareholder derivative action brought by a Sunny Isles Beach hotel owner who purchased a unit in a neighboring condominium simply to obtain standing to sue the condominium association derivatively. The derivative action named the condominium association and each of its board members individually, asserting claims for… Read More