Marlin Electrical Contractors Corporation v. Horizons West Property Owners Association, Inc.

Evelyn Greenstone Kammet and Waynice Green-Musgrove (Miami, FL) (D&O) obtained a Dismissal. The claim involved an electrical company that filed a five-count complaint against a property owners’ association arising from alleged unpaid invoices for electrical services. Ms. Greenstone Kammet was successful in causing this action to be Dismissed resulting in sanctions to be entered against Plaintiff and Plaintiff’s lawyers pursuant to section 57.105, Florida Statutes, on the basis that the claims were neither supported in law or fact as they were time barred by the statute of limitations. The Court found that Plaintiff and its lawyers either knew that the claims were time barred or should have known they were time barred before filing suit and as a result of counsel’s failure to voluntarily dismiss the action within the statutory safe harbor period, sanctions were entered against Plaintiff and its lawyers.