Chase Adam Berger's Legal Cases (3)

Contracts and agreements

Remo Polselli and Hanna Karcho vs. Wicker, Smith, O'Hara, McCoy & Ford P.A. - 4D13-4180

Feb 26, 2014

OUTCOME: http://www.4dca.org/opinions/Feb%202014/02-26-14/4D13-4180.op-dissent.pdf

Good news! Our firm recently won an important victory last week on behalf of our firm’s clients when the Fourth District Court of Appeals ruled in our favor. The appellate opinion, confirming what we k ... new was the law, may help other clients we have who may face the same issue. Specifically, our clients reside in California and are husband and wife defendants in litigation with another law firm over a dispute involving legal fees. The Plaintiff noticed the deposition of our clients to take place in Florida, despite the fact that they live in California. The trial court erroneously ordered them to travel from their home in California in order to have their depositions taken in Florida. I objected to the trial court’s order and filed a petition for certiorari review with the Fourth District Court of Appeal. The appellate opinion came down firmly on our side and specifically confirms that, “It is well-settled that a defendant must be deposed in the county of his or her work or residence unless the defendant has sought affirmative relief or extraordinary circumstances exist.” The appellate court noted that our clients are not seeking affirmative relief and the plaintiffs did not show any extraordinary circumstances. Our victory was deemed important enough to make it to the front page of the Daily Business Review where I was quoted expressing my pleasure that the court reinforced the Florida law that plaintiffs cannot compel defendants “to appear for depositions outside their county of residence.” All of us at www.bergerfirm.com zealously work to uphold the rights of all our clients. This win reaffirms our view that winning on behalf of one client may benefit others with similar issues in the future. If an opposing party requests any client who resides out of state or out of the county to travel to Florida for a deposition, we now have an appellate ruling reaffirming that this cannot legally be required.

Real estate

Kenneth A. FRANK, Appellant, v. OCEANSIDE LAUDERDALE, INC., Angela Dipilato, Ocean 4660, LLC, et al., Appellees. No. 4D12–1801.

Feb 27, 2013

OUTCOME: Affirmed

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert A. Rosenberg, Judge; L.T. Case No. 10–22268 CACE. Attorneys and Law Firms Kenneth A. ... Frank, Pompano Beach, pro se. Chase A. Berger of Berger Firm P.A., Hollywood, for appellee Ocean 4660, LLC. Opinion PER CURIAM. *1 Affirmed. GROSS, DAMOORGIAN, JJ., and HANZMAN, MICHAEL, Associate Judge, concur. Parallel Citations 2013 WL 693233 (Fla.App. 4 Dist.)

Bankruptcy and debt

Henri HAGE, Appellant, v. Sonya SALKIN, Trustee in Bankruptcy for Maxko Petroleum, LLC, Appellee. No. 11–CV–61863

Mar 06, 2012

OUTCOME:

*1 Appellant Henri Hage (“Appellant”) filed this bankruptcy appeal challenging the order by Hon. John K. Olson, in Bankruptcy Case No. 08–14652–BKC–JKO, granting Sonya L. Salkin's, Chapter 7 Trustee, ( ... “Appellee”) Motion to Compel Turnover. The parties have fully briefed the issues. For the reasons that follow, the Court shall affirm in part and remand in part. ORDERED AND ADJUDGED that the Bankruptcy Court's Order Granting Plaintiff's Motion to Compel Turnover is AFFIRMED IN PART. The Bankruptcy Court's Order is affirmed to the extent that the Bankruptcy Court did not err in proceeding with the evidentiary hearing despite the absence of Appellant and his wife. With regard to the third issue on appeal, whether the Bankruptcy Court erred in ordering the turnover of the LLC membership interests, the case is remanded to the Bankruptcy Court so that it can hold a hearing and make additional findings as required by Florida Statute § 608.433(6). With regard to the second issue on appeal, whether the Bankruptcy Court erred in ordering the turnover of the corporate stock certificates, the case is remanded to the Bankruptcy Court to grant the appropriate legal relief. This case is CLOSED. All pending motions are DENIED as moot.

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