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verdicts

Verdicts by Practice Area: Commercial Litigation

Case:
PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.  
Practice Area:
Commercial Litigation (Land Use)
Attorney(s):
Menendez-Aponte, Luis; Gargaglione, Lucas
Plaintiff Counsel:
Rosenquest Law Firm, P.A. (John B. Rosenquest, IV); Weiss, Serota, Helfman, Cole & Bierman, P.L (Co-Counsel for Plaintiff - Mitchell J. Bernstein) 
Result:
Trial-Directed Verdict
Summary:
On October 18, 2023, trial team Luis Menendez-Aponte and Lucas Gargaglione, with the assistance of appellate counsel Ed Ferreyra, prevailed on directed verdict in a land use matter styled PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc. The case arose out of a dispute over easement rights to access and fill adjoining submerged lands which had been under contract for over $30 million dollars. The Plaintiff sought to sell the submerged property to a developer, fill in the lake, and build over 600 condominium units. They sought a declaratory judgment from the Court that the easements granted them unfettered access to the easements on our client’s land for the purposes of developing their adjoining property, along with an injunction which would have our client tear down their gates and surrender large portions of their parking lot to the Plaintiff. Senior Partner Luis Menendez-Aponte and Senior Associate Lucas Gargaglione successfully defended the condominium complex against the aggressive adjoining landowner-developer’s attempts to expand the scope of these easements for the purposes of development of several residential and commercial buildings. If the Plaintiff had prevailed, the condominium would have had to surrender a large percentage of their property and it would have likely resulted in the displacement of many of the elderly residents as the proposed development was anticipated to last years.  Read More
Case:
Thomas Campaniello v. Guilty Pleasures SF LLC
Practice Area:
Commercial Litigation
Attorney(s):
Bennett, Vanesti E; Sato, Franklin H.
Result:
Defense Verdict
Summary:

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

Case:
Reyes v. Defendant Retail Store
Practice Area:
Commercial Litigation
Attorney(s):
Marc M. Greenberg
Result:
Motion to Dismiss
Summary:

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

Case:
Monaco Exchange, Inc. vs. Mt. Vernon Fire Insurance. Co. (MVFIC)
Practice Area:
Commercial Litigation
Attorney(s):
Jorge Padilla
Result:
Motion for Final Summary Judgment
Summary:

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

Case:
Maria Del Carmen Roberto, et al. v. Four Points Property Management, Inc., et al.
Practice Area:
Commercial Litigation
Attorney(s):
Christopher H. Burrows, Daniel J. Santaniello
Result:
Dismissal
Summary:
SUMMARY. Read More
Case:
St. Johns Town Center, LLC and Shops at St. Johns, LLC v. Sushi House Jacksonville Inc.
Practice Area:
Appeals | Litigation Support, Commercial Litigation
Result:
Judgment Affirmed
Summary:

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

Case:
Rivera v. Holloway Funeral Home, Inc., Woodlawn Park Cemetery Company, American Memorial Centers, Inc., and Pemier Funeral Services & Cremations, Inc.
Practice Area:
Commercial Litigation
Result:

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.

Summary:

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