Trial Verdicts and Results
Laurette Balinsky, Esq., recently prevailed in a case where the court granted Defendant’s Motion to Dismiss for Fraud on the Court. In the matter styled John J. Colon and Janet Torres v. JLM Hotels, LLC, Plaintiffs both claimed serious injuries and damages purportedly resulting from a trip and fall incident. Both Plaintiffs alleged severe injuries resulting from an allegedly hazardous condition in a parking lot. Through discovery, the defense was able to uncover inconsistencies and false statements made by both Plaintiffs under oath. The defense obtained records from a number of facilities and agencies which completely contradicted much of Plaintiffs’ testimony regarding their alleged damages. Defendant’s Motion to Dismiss was predicated on the clear and unequivocal false statements made by Plaintiffs under oath, and after hearing argument from counsel for Plaintiffs and the Defendant, the Court granted Defendant’s Motion and entered a Final Judgment in Favor of Defendant. Read more
Miami Senior Associate Cristina Sevilla successfully secured a final summary judgment in a first-party property matter styled Maria Calvo and Rem Manuel Calvo v. Citizens Property Insurance Corporation. Plaintiffs made a claim with Citizens, their homeowner’s insurance carrier, for damage to their property as a result of a failed cast iron plumbing system. Prior to Citizens inspection of the residence, the failed plumbing system was replaced and the damaged property was removed and discarded. Citizens requested a recorded statement and supporting documents in order to evaluate the claim, but its requests were ignored. As a result, Citizens was prejudiced in its ability to investigate the claim and arrive at a coverage decision. Subsequently, Plaintiffs filed suit alleging Citizens breached the insurance policy by not providing coverage for the loss. Ms. Sevilla moved for final summary judgment with regard to Plaintiffs non-compliance with the policy’s post-loss obligations. Ultimately, the trial court granted summary judgment in favor of Citizens on the grounds that Plaintiffs failed to comply with the pre-suit requirements of the policy that they, among other things, show the damaged property, provide requested documentation, and submit to a recorded statement. Ms. Sevilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more
Orlando Managing Partner Vicki Lambert, Esq, obtained a good result when the court granted Defendant’s Motion for Summary Judgment in matter styled Meinert v Mulligan Constructors, et al. on May 22, 2020. The matter involved a slip and fall at a WAWA gas station wherein we represented the general contractor, Mulligan Constructors. Their role was to pour the concrete for specific portions of the property. The plaintiff fell in one of those specific areas, alleging that the concrete did not have the proper finish (i.e., wet burlap vs broom finish). Since our client finished his work on the project and it was accepted by the owner two years prior to the accident, and any alleged defect was patent, we filed a MSJ based on the Slavin doctrine which generally precludes liability against the contractor when the work has been accepted by the owner and the alleged defect is patent. Read more
Appellate Partner Daniel Weinger, Esq., and Senior Partner Marc Greenberg, Esq., prevailed on appeal when the Lower Court Ruling dismissing the case with prejudice was affirmed by the 4th District Court of Appeal in matter styled Jane Doe v. National Retail Chain. Judge Cymonie Rowe’s dismissal on the first day of Trial was based on Plaintiff’s failure to appear at trial. Defense counsel persuaded the lower court that a dismissal with prejudice was warranted based on the decision in Scott v. Seabreeze Pools, Inc., 300 So.2d 279 (Fla. 4thDCA 1974). Read more
Orlando Managing Partner Anthony Merendino, Esq., obtained a dismissal in the matter styled Craig Brown, Pro Se Plaintiff, Plaintiff, v. Fidelity National Title Group et al. Plaintiff sued the Defendant, Town of Rockport, Maine, in the Middle District of Florida, alleging four (4) causes of action against the Defendant: (1) Violation of Constitutional Rights by Rockport per 42 U.S.C. §§ 1983, 1985; (2) Retaliation against a Crime Victim by Rockport under 18 U.S.C. § 1513 (18 U.S.C. § 1961); (3) Obstruction of Justice by Rockport under 18 U.S.C. § 1503 (18 U.S.C. § 1961); and (4) Extortion, Violation of the Hobbs Act under 18 U.S.C. § 1951. Plaintiff’s claims arose out of an eighteen (18) year old property boundary line dispute between Plaintiff and his neighbor on Plaintiff’s real property located in Camden, Maine (the “Property”). Specifically, Plaintiff alleged that his neighbor improperly erected a fence on Plaintiff’s adjacent Property, relying on a fraudulent survey in support. Plaintiff further alleged he engaged in self-help to remove the fence and was “falsely” convicted of criminal mischief as a result. Plaintiff alleged a criminal/civil conspiracy involving the erection of the fence and the lot lines for his Property by all of the Defendants in this litigation. In the instant case, the District Court Judge granted the Defendant Town Of Rockport, Maine’s Motion to Dismiss on the grounds that there was a lack of personal jurisdiction and that the court did not have subject matter jurisdiction under the Rooker-Feldman doctrine. Read more
Orlando Managing Partner Anthony Merendino, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant Delaney Gas Station’s Motion for Final Summary Judgment on July 9, 2020 in the matter styled Vera Prochounina v. Delaney Gas Station d/b/a Mobil Gas in the Circuit Court of Osceola County. Plaintiff filed suit alleging she slipped and fell in the restroom of the Defendant’s gas station, and claimed that liquid on the floor (which was shown in a video taken by Plaintiff’s ex-husband at the scene) is what caused her to fall. Plaintiff allegedly lost consciousness after the fall, was transported from the scene to the hospital by ambulance, and ultimately claimed injuries to her neck and lower back as a result of the slip-and-fall. Plaintiff’s claimed past medical expenses totaled approximately $130,000. At the hearing, Mr. Merendino persuaded the court that Plaintiff failed to meet her burden of proof that the Defendant had either actual or constructive notice of any hazardous condition in the restroom pursuant to Florida Statute §768.0755. In addition, the court was persuaded by the Defendant’s argument that at the time of the alleged incident, the Plaintiff was not an invitee, but an uninvited licensee, limiting any alleged duty owed to the Plaintiff by the Defendant. Read more
Managing Partner Daniel Santaniello and Boca Raton Associate Brett Wishna, Esq., obtained a favorable settlement in a wrongful death claim against a liquor store alleged to have sold alcohol to a minor Decedent. The Minor Decedent’s Estate claimed that the sale, among other things, was the legal cause of Decedent’s ultimate death by way of a shooting at a house party later that day. Following discovery, Mr. Wishna moved for summary judgment on behalf of Defendant, arguing that Plaintiff’s evidence was, at best, speculative and circumstantial. While that motion was pending and set for hearing, the parties reached a settlement of $30,000. Read more
Tallahassee Managing Partner, Dale Paleschic, Esq., and Daniel Weinger, Esq., Appellate Partner recently teamed up for the second time in the same case and again defeated a Plaintiff’s claim against an assisted living facility being accused of neglect. Initially, the trial court entered an order dismissing the Plaintiff’s Complaint based on the Plaintiff’s failure to follow the statutorily mandated presuit notice requirements of Section 429.293, Florida Statutes. This result was per curiam affirmed by the Second District Court of Appeals. Following the District Court’s opinion, the Plaintiff tried to file an Amended Complaint after curing the alleged defects in their original notice. Mr. Paleschic and Mr. Weinger formulated an attack on the improper filing by filing a Motion to Dismiss and/or Strike the Amended Complaint. The Plaintiff then filed a response and Motion for Relief from Judgment Pursuant to Florida Rule of Civil Procedure 1.540(b). Read more
On March 20, 2020, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Ramon Rodriguez v. Citizens Property Insurance Corporation. Plaintiff made a claim against his homeowner’s insurance carrier for a loss that reportedly occurred as a result of Hurricane Irma. Plaintiff’s claim for interior water damage was denied due to the absence of any evidence of wind damage to the home. After engaging in preliminary discovery, Mr. Padilla moved for final summary judgment. In response, Plaintiff’s counsel relied on the deposition testimony of his client, who merely testified that his roof was not leaking prior to the hurricane and commenced leaking approximately three days after it made landfall in Miami-Dade County. Relying on well-settled law that causation cannot be established by post hoc reasoning, Mr. Padilla prevailed on the motion for final summary judgment and is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more
In Katz-Luongo v. Amortegui, 3D19-1852 (Fla. 3d DCA April 8, 2020), Appellate Partner Daniel Weinger successfully obtained a reversal of a trial court’s order denying a motion to quash service of process. In the written opinion, the appellate court agreed with Mr. Weinger’s argument that the plaintiff failed to meet her burden of establishing substitute service of process through service on the defendants’ roommate at an address the defendant maintained but where, according to the roommate, she was not living at the time of service. Read more
Junior Partner Scott Chapman, Esq., and Senior Associate Hayley Newman, Esq., obtained Summary Judgment on counts for breach of contract and negligence in a case involving water damage to a condominium unit in the matter styled Rodney and Emily Regan v. Carillon Condominium Association, Inc. This case arose out of an alleged roof leak in the common area at the Defendant Condominium Association. The Association was previously sued by Plaintiffs in a 2014 lawsuit against the Defendant Condominium Association, resulting in an executed release by the Plaintiffs. Defendant proffered to the Court that the Plaintiffs’ renewed Complaint sought double recovery against the Defendant Association in violation of the principles of Res Judicata. The Court agreed that the release executed previously by the Plaintiffs was a bar to monetary damages and granted Summary Judgment as to Counts I and II of Plaintiffs’ Complaint. Read more
On November 27, 2019, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Raul Ruiz, et al. v. Citizens Property Insurance Corporation. Plaintiffs made a claim against their homeowner’s insurance carrier for a loss that reportedly occurred as a result of a ruptured pipe under the slab of their property. Plaintiffs claimed that the tile flooring within their home became un-bonded as a result of water that penetrated the slab of the home. Seeking substantial damages, including attorney’s fees costs, Plaintiffs alleged that the denial of their claim constituted a breach of their homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiffs’ expert stricken for repeated violations of discovery orders. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. Read more
Dale Paleschic, Managing Partner, and Tabitha Jackson, Associate, in our Tallahassee office obtained an Order on the Joint Stipulation for Dismissal in a matter styled Kennedy v. Florida Department of Corrections, et al. Plaintiff, former inmate of FDOC, filed suit alleging wrongful and incorrect designation as a sexual predator while incarcerated. Though the alleged scrivener’s error was well resolved long prior to the suit and no evidence of harm was shown, Plaintiff brought a myriad of claims and grievances against FDOC, the Clerk of Court, and the State Attorneys’ Office. We filed a Motion to Dismiss the matter as well as a § 57.105, Fla. Stat. Motion for Sanctions with the Court. Read more
Tallahassee Associate Tabitha Jackson, Esq., obtained a Voluntary Dismissal in a matter styled Smart Storm Solutions, LLC a/a/o Brinkley v. Tower Hill Prime Insurance Company. Plaintiff, as a purported assignee of the insured, filed a breach of contract suit in June 2019, without any facts, evidence, or information permitting payment of benefits under the insured’s homeowners insurance policy. Five months later, an inflated estimate was provided to Tower Hill with a demand for $80,000, inclusive of fees. Discovery was propounded on Smart Storm, though they failed to respond, failed to produce any evidence of work performed (or to be performed), and failed to respond to multiple inquiries for depositions. Read more
Laurette Balinsky, Esq., obtained a favorable result when the court granted Defendants’ Motion to Dismiss for fraud on the court. In the matter styled Freeman v. Adkins and Citrus Auto, Plaintiff was claiming injuries and damages stemming from an automobile accident. Plaintiff alleged severe injuries. Through discovery, the defense was able uncover inconsistencies and false statements made by the Plaintiff under oath. The defense obtained records from Plaintiff’s employer which completely contradicted much of Plaintiff’s testimony regarding her wage claim and alleged limitations. Defendant filed its Motion to Dismiss based on the clear and unequivocal false statements made under oath. Read more
Tampa Associate Lauren Wages, Esq., obtained good result when the court granted Defendant Citizens’ Motion for Final Summary Judgment on February 6, 2020 in matter styled Leonor Ferrerio v. Citizens Property Insurance Corporation. Plaintiff filed suit due to an alleged leak that originated in the garage from a water heater causing water to flow to the interior of Plaintiff’s home causing damage. In support of its Motion for Final Summary Judgment, Citizen submitted an affidavit of its expert who concluded that the garage where the water heater was located sat at a lower elevation than the living space slab and that the elevation of the garage sloped away from the living space. The expert further opined that there was no visible evidence of water damage related to a recent water heater leak. Citizens submitted a second affidavit confirming similar findings by its field adjuster at the time of his inspection. Plaintiff submitted an affidavit in opposition executed by the Plaintiff which the court found failed to controvert Defendant’s summary judgment evidence. The court specially found that “no cogent explanation has been brought forth by Plaintiff countering Citizens’ expert opinions that water flows down hill.” Read more
Fort Lauderdale Managing Partner William Peterfriend, Esq., Junior Partner Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a Dismissal with Prejudice pending a hearing on motion to strike pleadings for fraud on the court. In the matter styled Romeo Hebert v. Robert Boutin and Walks and Decks, Inc., Plaintiff, Romeo Hebert, claimed damages stemming from an accident in which he flipped over the handlebars of his bicycle in his neighborhood, resulting in injuries to his right hip and right leg. Plaintiff claimed that he was riding his bicycle in his neighborhood and suddenly came upon a forklift owned and operated by Walks and Decks, Inc., causing him to swerve out of the way and crash his bike. Co-Defendant was a neighbor of Plaintiff who was driving around the forklift at the time that Plaintiff crashed his bicycle. Read more
Partners Jonah Kaplan, Esq., and Jeremy Fischler, Esq., received a good result in a First-Party Property matter when just prior to the hearing on the Motion for Summary Judgment, Plaintiff filed a Voluntary Dismissal with Prejudice. The lawsuit in matter styled State 2 State Restoration a/a/o Gabriel Rodriguez v. Centauri stemmed from a homeowner’s claim for water damage from a plumbing loss.The Plaintiff a third party vendor performed water mitigation as a result of a plumbing leak at the insured’s Property pursuant to an assignment of benefits. The policy contained a Water Damage Exclusion Endorsement that excluded coverage for damages caused by plumbing leaks. Read more
Construction Partner David Rosinsky, Esq., obtained a good result in the matter styled BZB Barn, LLC. vs. Guerrero D. Construction, Inc. Buck Steel, Inc., Hornet Steel Buildings, Inc. when Plaintiff agreed to drop all claims against our client. Plaintiff is the owner of an equestrian facility in Loxahatchee Grove. It purchased a pre-engineered steel building to cover an equestrian ring on its farm from a local distributor. The distributor purchased the materials and plans for the structure from our client. Due to agricultural exemptions, Plaintiff was not required to obtain a building permit and, as such, was not required to have the erection of the building performed by a licensed general contractor. Plaintiff chose to hire day laborers with no experience in the erection of the steel building. The day laborers did not follow the plans for the erection of the building and did not use the necessary temporary and permanent bracing to support it during the erection. Before the erection was completed, the partially erected building collapsed. Read more
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