Case:
Plaintiff v. Rental-Home Host
Practice Area:
Attorney(s) :
Plaintiff Counsel:
Justice for All Legal
Result:
Voluntary Dismissal with Prejudice
Summary:
On May 24, 2025, Orlando Senior Partner Matthew Wendler obtained a voluntary dismissal with prejudice in a negligent-security action. Plaintiff claimed that he sustained serious personal injuries relating to a shooting that occurred while he was at a rental property owned and managed by our client. Upon receipt of the lawsuit, Mr. Wendler filed a motion to dismiss, contending that the lawsuit was barred by the doctrine of res judicata. Specifically, Mr. Wendler had obtained a dismissal under Florida Rule of Civil Procedure 1.420(b) of an earlier-filed related lawsuit, which was brought by a family member of the plaintiff when he was a minor and which sought to recover damages for the same shooting. Shortly after turning 18, Plaintiff filed the subject lawsuit. After moving to dismiss the lawsuit, Mr. Wendler served a section 57.105 motion for sanctions, which ultimately led Plaintiff’s counsel to dismiss the lawsuit and to do so with prejudice.
