Verdicts by Practice Area: Commercial Litigation

Following a 3-day trial in Broward County Circuit Court, the jury returned a defense verdict on December 3, 2021.

Senior Partner, Franklin Sato, Esq., and Senior Associate, Vanesti Bennett, Esq., obtained a defense verdict in a breach of a commercial lease matter styled Thomas Campaniello v. Guilty Pleasures SF LLC in Broward County Circuit Court before the Honorable Keathan Frink.

This case stems from a breach of a commercial lease agreement between Mr. Campaniello, as Landlord, and Guilty Pleasures, as Tenant. Due to the Tenant’s failure to make its monthly rent payments and failure to timely exercise its option to renew the lease under the lease terms, the Landlord filed suit against the Tenant. As a result of the lawsuit brought by the Landlord, the Tenant then countersued the Landlord alleging damages for its buildouts of approximately $200,000.00, future loss of sales and its damaged inventory of approximately $27,000.00 due to the heat in the building allegedly caused by the non-functioning air conditioning units.

Specifically, the Tenant brought four causes of action against the Landlord.  A few weeks prior to the trial, as it relates to the Counterclaim, the Court granted summary judgment in favor of the Landlord on three out of the four counts that the Tenant brought against the Landlord, on the basis that the Tenant was not entitled to damages for its buildouts per the lease terms, there was no entitlement to future loss of sales as being too speculative and no basis for a declarative judgment. The trial, as to the Counterclaim, proceeded on the breach of lease count wherein the Tenant sought recovery for its alleged damaged inventory. 

After less than an hour of deliberation, the jury rendered a verdict determining that the Tenant breached, there was no breach by the Landlord and awarded $0 damages as to the alleged damaged inventory claimed in the Counterclaim.  A proposal for settlement was previously served on behalf of the Landlord, as it relates to the Counterclaim, which was rejected by the Tenant. Consequently, the Landlord will move to recover its attorney’s fees and cost on that basis and on the lease provisions. Read more

In the matter styled Reyes v. Defendant Retail Store, Plaintiff filed a lawsuit for conversion, property damages, pain and suffering, and breach of contract resulting from work performed by our client on Plaintiff’s automobile. Plaintiff was seeking more than $26,000 in damages. Read More

Jorge Padilla, Senior Associate in the Miami office was granted  a Motion for Final Summary Judgment in a contract dispute matter styled Monaco Exchange, Inc. vs. Mt. Vernon Fire Insurance. Co. (MVFIC)    The Plaintiff is the named insured under a Business Coverage Form policy issued by Mount Vernon Fire Insurance Company.  The Plaintiff claimed that it sustained a covered loss on or about May 17, 2012, when its principal place of business, a jewelry store, was burglarized and its inventory stolen.  Read More

The Appellate Court affirmed a judgment in favor of our client and also awarded our client Appellate Attorney's Fees, April 15, 2011. Commercial Eviction, District Court of Appeal, First District, James P. Waczewski, Tallahassee Managing Attorney. Read More

The jury found that Woodlawn failed to perform its duty under the contract in failing to bury the organs with the body, and awarded Rivera $3,000. The jury found in favor of the Defendants on all of the other counts.

Orestes Perez and Allison Marshall obtained a win in a Negligence & Breach of Contract case in Miami-Dade County. Plaintiff’s husband died in a car accident in Lake City, Florida. His body was subsequently brought to the Duval County Medical Examiners where an autopsy was performed. In accordance with standard practice, the decedent's internal organs were placed in a heavy red plastic bag conspicuously marked "BIO HAZARD." After the funeral had taken place, Rivera unknowingly received a white bag containing the organs under the presumption they were the effects of her husband. Rivera sued Halloway Funeral Home, Inc., American Memorial Centers, Inc., Woodlawn Park Cemetery Company and Premier Funeral Services & Cremations, Inc., claiming they had negligently and carelessly failed to discharge their duties. She additionally sued claiming, breach of contract, Violation of Chapter 470 and Chapter 497 of Florida Statutes, Tortuous Interference with a dead body, Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress.  More Now