Gratz v. 1750 James Condominium Association, Inc. et al.

Evelyn Greenstone Kammet and Mark Erdman (Miami, FL) (D&O) successfully defended a thirteen-count shareholder derivative lawsuit filed by a condominium unit owner against his condominium association and certain former and then-current board members by obtaining a Final Order of Dismissal with Prejudice from the trial court. Therein, the trial court found that maintaining the action was not in the best interest of the condominium association and its members because the Plaintiff was motivated by his own self-interest and the individually named board members were shielded from liability pursuant to Florida’s Business Judgment Rule. The trial court additionally found the Defendants entitled to their prevailing party attorney’s fees and costs by finding that the Plaintiff had no reasonable cause to commence the action. The Plaintiff appealed the trial court’s Final Order and by written opinion, the Third District Court of Appeals affirmed the trial court’s decision. The Third District additionally found Defendants entitled to reimbursement of their attorney’s fees and costs incurred on appeal. As such, not only was Ms. Greenstone Kammet successful in causing all claims raised by the Plaintiff to be dismissed with prejudice, but she was also found entitled to reimbursement of her attorney’s fees and costs at both the trial and appellate levels.