Wilmington Plantation, LLC v. Foster
Jul 20, 2015OUTCOME: Judgment for our client; affirmed on two levels of appeal, after oral arguments.
We obtained an order from the United States District Court for the Southern District of Georgia that affirmed an order issued by the Bankruptcy Court, dismissing a development group’s $24 million dolla ... r claim against our client, a real property developer. We tried the case initially in the Bankruptcy Court in April of 2013. The claimant development group argued that it did not receive clear and marketable title to nine building sites, which were to be developed and submitted to a condominium regime established by our client. The Bankruptcy Court conducted a three day trial, after which it ruled that the claims of the developer had been released by virtue of a Consent Order agreed to by the claimant, our client and several other parties in 2006. On appeal, The District Court affirmed, concluding that, if the claimant-development group did not obtain clear and marketable title, it was not the fault of our client, and therefore, the claimant-development group had no viable claim against our client. After the rulings in the Bankruptcy and District Courts, the United States Court of Appeals affirmed the decision, after oral argument, in July of 2015.
