Litigation Cases

  • CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc. – Broward County Circuit Case No.: CACE 13-027168 (18) – Successfully obtained jury verdict on breach of pest control contract claims in excess of $500,000.00 despite contractual limitation of liability provisions.
  • Sherwood Federal Highway, LLC, v. Phileo, LLC, – Broward County Circuit Case No.: 2010 CA 11687, wherein the Court determined our landlord client was entitled to a directed verdict against the tenant and least guarantor midway through trial.
  • Turnberry, Ltd., er al. v. Bruce Weiner, Robert Vollrath, et al., – Eleventh Circuit Court in and for Miami-Dade County, Case No, 10-45841 CA 40 – successfully obtained a summary judgement in favor of the former Chief Executive Officer and former Chief Financial Officer of the Turnberry companies against Turnberry with regard to allegations of breach of fiduciary duty arising from the development of the St. Regis Bal Harbour.
  • Regions Bank re: Strada 315 – U.S. Federal Bankruptcy Court, Southern District of Florida, Case No. 08-11574-RBR – Assisted with successful development of Chapter 11 Plan for lender and its assignor with regard to and multimillion loan.
  • City of Sunny Isles Beach v. 18100 Collins Avenue Shopping Center, LTD., RK ASSOCIATES NO. 1, Inc. – Eleventh Circuit in and for Miami-Dade County, Case No. 04-12891 CA 10 – Successful eminent domain recovery for property owner of $7 million together with concessions from the city for owner.
  • Synergy Real Estate Partners v. FJK Properties, Inc. – Fifteenth Circuit in and for Palm Beach County, Case No. 50 2007 CA019617XXXX MB – Successful full recovery in favor of broker for lease commission against client who had not formally signed commission agreement.
  • City Furniture, Inc. v. Leath Furniture, LLC d/b/a/ Modernage – Seventeenth Circuit in and for Broward County, Case No. 07-015923 CACE 13 – Successful eviction of long time commercial tenant.
  • PDS Trading, Inc. v. Beacon Cyberport, et al., Eleventh Circuit in and for Miami-Dade County, Case No. 02-17835 CA 04 – Successfully defended foreign trade zone against claims of fraud, negligence in providing storage facility services to bonded warehouse tenant.
  • Florida Avenue Laundry v. Aaxon Holdings, Inc., et al., Thirteenth Circuit in and for Hillsborough County, Case No. 05-1243 Div. J – Successfully defended commercial laundry wholesaler against claims for fraud, misrepresentation related to project developments throughout Florida.
  • La Bamba Mexican & Spanish Restaurant v. Labamba of Niceville, et al., First Circuit in and for Okaloosa County, Case No. 05-CA-3836 – Successfully defended trademark infringement claim and enforced trademark infringement claim against violator by obtaining permanent injunction.
  • Margarita Café, et al. v. Swiss Beach Holdings, Inc., et al., Seventeenth Circuit in and for Broward County, Case No. 05-13663 CACE 25 – Successfully enforced lease renewal clause, defended claims for usury, fraud relating to multimillion dollar lease renewal.
  • Wachovia Bank, N.A. v. Richard Crowder, Gary Mills, Robert Martel, et. al., and related cases – Eleventh Circuit Court in and for Miami-Dade County, Case No. 04 13537 CA 03 – Successfully represented national bank in multimillion dollar loan fraud scheme resulting in loan recoveries in excess of $10,000,000.00.
  • GMAC v. Gould, – Fifteenth Circuit in and for Palm Beach County, Case No. 06-006663 CA AW MB – Successfully defended against a million dollar foreclosure brought by a lender against a title insurer’s client over a loan estoppel payment dispute, while stopping a related foreclosure sale, vacating the judgment and getting an order forcing resolution by tender of estoppel funds at a discount.
  • Padaro Capital v. Allan C. Simon, Seventeenth Circuit in and for Broward County, Case No. 07-10231 CACE 14 – prevailed in dispute against lender policy holder who was sued because of reliance on a bankruptcy order in a case that was later dismissed, so that the interim refinancing was held valid, and foreclosure could continue.
  • Regions Bank v. Indian Creek Holdings, Eleventh Circuit in and for Miami-Dade County, Case No. 09-15625 CA 08 – Obtained a $47,000,000 summary judgment against developer and guarantors on high-profile Miami Beach condominium development and parking garage, and successfully resolved related appeals related to receivership.
  • Florida Capital Bank v. Old Town Tavern, Fifteenth Circuit in and for Palm Beach County, Case No. 50 2008 CA 038389 XXXX MB Achieved reformation of easement related to property subject to mortgage that was being foreclosed in order to maintain collateral property value.
  • 8699 Biscayne, LLC v. BuilderFinancial Corp., U.S. Bankruptcy Court Southern District of Florida, Adversary Case No. 08-01749-AJC – Successfully defended against usury claims asserted as claims by numerous borrowers arising from state court foreclosure matter.
  • BA Chub Cay, LLC v. Bob L. Moss, Walter McCrory and Kaye Pearson, Seventeenth Circuit in and for Broward County, Case No. 09-046161 (18), and related Probate case of In re Estate of Kaye Pearson, Case No. 09-1658 (62) – Successful enforcement of multi-million dollar judgment against guarantors and recovery of substantial deficiency sums through fraudulent transfer claims, tracing of recoverable assets in probate, state court proceedings.