King Cole Condominium v. Rodriguez
Oct 17, 2012OUTCOME: Final Judgment for Plaintiff
Contested condominium lien foreclosure
Hollywood, FL
Lawsuits and disputes Lawyer at Hollywood, FL
Practice Areas: Lawsuits & Disputes, Commercial ... +3 more
OUTCOME: Final Judgment for Plaintiff
Contested condominium lien foreclosure
OUTCOME: Reversed on appeal with instructions
The Department of Business and Professional Regulation entered two orders revoking the licenses of a Licensed Community Manager without a hearing and then rejected a settlement agreement that its own c ... ounsel had negotiated. The Third District Court of Appeal reversed both Order and gave the DBPR 20 days to re-consider approving the settlement agreement.
OUTCOME: Summary Judgement in favor of these Defendants
The defendants, a mom-and-pop wholesale business and two of its officers won a three-year battle against the owners of a Goliath of sweeteners. NutraSweet sued alleging the Campuzanos and F. Garcia we ... re part of a scheme to counterfeit and illegally distribute Equal brand sweetener. The suit sought an injunction and millions of dollars in damages for alleged trademark infringement, unjust enrichment and "participation in unconsionable, unfair and deceptive acts." After extensive discovery, Monsanto and Nutrasweet were unable to point to any direct evidence that the Campuzanos and F. Garcia knew of the repackaging or did anything other than lawfully sell Equal sweetener. Based on the complete lack of evidence to support the allegations made in the Complaint, the Court entered summary judgment in favor of Fausto Campuzano, Maria Campuzano and F. Garcia Wholesale and Export, Inc. Monsanto and Nutrasweet's Motion for Rehearing was later denied by the Court.
OUTCOME: Summary Judgment for Defendant
The Condominium Association challenged the assignment to parking spaces that the Developer made to Mrs. Dostis and her late husband more than 20 years earlier. An Arbitrator from the Division of Flori ... da Land Sales, Condominiums and Mobile Homes ruled in Mrs. Dostis favor and the Condominium Association sought a trial de novo. Summary judgment was entered in Mrs. Dostis' favor and affirmed on appeal.
OUTCOME: Final Judgment for fees in Mr. Samter's favor
Dr. Cantwell and other unit owners of the Grand Condominium sued Mr. Samter and other Associaiton directors individually. After several motions to dismiss their case, the Plaintiffs dropped the indivi ... dual directors as defendant. Mr. Samter and the other directors moved for attorneys fees as the prevailing party under Florida Statute 718.303. The trial court entered final judgments for attorneys fees in favor of Mr. Samter and the other director defendants. The Plaintiffs appealed the final judgments to the Third District Court of Appeal which affirmed the trial court in all respects and remanded the case to the trial court to determine the amount of additional fees and costs to be imposed against the Plaintiffs in connection with the appeal.
OUTCOME: Judgment for Plaintiff.
Bay Holdings, a wholly owned subsidiary of Bank United FSB attempted to utilize the safe harbor provision of Florida Statute 718.116(1) as the assigneee of a final judgment of foreclosure. This wold h ... ave significantly reduced the amount of back assessments it owed to the Condominium Association. The trial court held that it was not entilted to the safe harbor because it was not a subsequent holder of the first mortgage and that its status as a wholly owned subsidiary did not alter that fact. The judgment in favor of the Condominium Association was affirmed on appeal.
OUTCOME: Monetary anctions entered against Plaintiff
Deutsche Bank filed a foreclosure action against Defendant Ramos and the King Cole Condominium Association. After a trial judgment was entered in favor of Deutsche Bank which then proceeded to imprope ... rly cancel three foreclosure sales. The Court ultimately sanctioned Deutsche Bank for its conduct in connection with the cancellations and ordered an immediate sale of the propery.