Miami, FL
Business Lawyer at Miami, FL
Practice Areas: Business, Litigation
OUTCOME: REVERSED the dismissal.
My client, Bailey Jones, appealed a final order dismissing its action for its attorney's fees based upon alleged failure to effect service of process within 120 days. Appeals court held that where app ... ellees sought affirmative relief, objection to service waived.
OUTCOME: Reversal in favor of Defendant/Appellant
Trial judge denied Defendant's motion to set aside judgment based on Defendant's counsel's withdrawal without proper notice. Appellate court reversed: Defendant was entitled to have judgment against h ... im set aside without sworn proof of lack of notice, where certificates of service on the motion to withdraw and the accompanying notice of hearing did not reflect that copies were mailed to Defendant, and neither Defendant nor counsel were present at trial.
OUTCOME: Motions to dismiss denied/granted, in part
Plaintiff David C. Profilet, as trustee of corporate debtor's Chaper 11 estate brought suit to recover, under federal and state securities law, under state racketeering and fraudulent conveyance law, a ... nd on breach of contract and malpractice theory, from participants in alleged scheme to defraud debtor in connection with issuance of stock. On motions to dismiss, the District Court held that: (1) fraud allegatons in trustee's complaint satisfied special federal pleading requirements and requirements of Private Securities Litigation Reform Act (PSLRA); (2) allegations regarding alleged scheme to defraud did not sufficiently allege any ongoing acts or threat of future misconduct to satisfy continuity requirement of the Florida Racketeer Influenced and Corrupt Organizations Act (RICO); and (3) amended complaint adding malpractice claim related back to date original complaint was filed. Motions to dismiss granted in part and denied in part.
OUTCOME: Reversal in favor of Plaintiff/Appellant
Plaintiff Paul sued to recover his personal property seized by the FDIC. The trial judge ruled that Paul's claims were barred because he failed to exhaust administrative remedies.Appellate court revers ... ed: "[o]n remand, Paul can challenge the legality of the entire course of conduct by the RTC with respect to his claims for the return of property."
OUTCOME: Reversal in favor of Petitioner/Appellant
In a prior appeal, Torres v. K-Site 500 Associates, 632 So.2d 110 (Fla. 3d DCA 1994), the appellate court ruled in favor of Plaintiff/Appellant Rafael Torres requiring K-Site 500 Associates and Chicago ... Title Insurance Company to return Torres' deposit on a condominium unit. On remand, the trial judge entered judgment against only K-Site 500 Associates and not Chicago Title (who was holding the deposit in escrow). Torres moved to enforce the mandate in the prior appeal. The appellate court found Torres' "position well taken and direct[ed] the trial court to follow the mandate" in the prior appeal. "The trial court is directed to enter judgment for money damages in favor of the petitioners and against both K-Site and Chicago Title."
OUTCOME: Reversal in favor of Plaintiff/Appellant
Plaintiff/Appellant gave seller deposit for purchase of condominium unit and closing was contingent on buyer obtaining conventional financing. Buyer could not obtain conventional financing, but seller ... successfully maintained at trial that buyer breached contract by failing to apply for financing within 10 days as required by contract. On appeal, appellate court reversed in favor of Plaintiff/Appellant and remanded with instructions to enter judgment in favor of Plaintiff/Appellant for return of the deposit because seller impliedly waived right to claim that buyer was estopped from asserting mortgage contingency provision in condominium sales agreement by failing to properly invoke notice provision in sales contract, under which buyer was required to submit mortgage application within ten days of receiving notice from seller, and by electing to allow buyer to proceed with his mortgage application and plans for closing, despite perceived violation of ten-day provision.
OUTCOME: Reversal in favor of Plaintiff/Petitioner
Lower court disqualified plaintiff's counsel and plaintiff sought certiorari. Appellate court granted certiorari, quahed the lower court's order disqualifying plaintiff's counsel, and remanded for a f ... ull evidentiary hearing: party's counsel could not be disqualified from continuing to represent party in action based solely on opponent's subjective thoughts that members of counsel's firm had been representing him, absent full evidentiary hearing to determine whether opponent's belief was a reasonable one.
OUTCOME: Dismissal AFFIRMED.
Mitsubishi appealed dismissal of its action v. my client Refriaire based on the doctrine of forum non conveniens.
OUTCOME: Reversal in favor of Petitioners
Condominium unit owner brought action seeking declaration that unit owners were entitiled to elect no less than one-third of members of board of directors of homeowners' association. The Department of ... Business Regulation, Division of Florida Land Sales and Condominiums, ruled against the owner. Owner appealed. The District Court of Appeal found that the homeowners' association was an "association" under Condominium Act, and reversed. On application for review, the Supreme Court of Floridaheld that the homeowners' association was not a "condominium association" within the meaning of the Condominium Act, and thus unit owners were not entitled to elect no less than one-third of members of board of directors of homeowners' association. Decision of District Court of Appeal quashed; ruling of Division of Land Sales and Condominiums approved.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
