Nafpliotis v. Willoughby Glen Homeowners Association, Inc.

Ashley N. Landrum (N. Palm Beach) (D&O) obtained a Dismissal with prejudice of all claims asserted against a Homeowners Association and current Board Members on its Board of Directors. The Plaintiffs claimed that the Defendants failed to comply with Florida Statute § 720, the Association’s Governing Documents provisions due to their lack of enforcement of animal restrictions in the community which allowed a police K-9 to live in the community and be walked by a person who was not its authorized handler purportedly putting Plaintiff’s safety at stake, and that the Board Members breached their fiduciary duty arising from such failures. The Plaintiffs repeatedly failed to prosecute their case over a two-year timeframe and failed to comply with Court Ordered deadlines numerous times throughout the case. The Defendants moved to dismiss the case in its entirety due to these failures. The Court made extensive and detailed findings supporting dismissal of the action with prejudice due to the Plaintiffs’ blatant, continuous, and repeated disregard of the Court’s authority and its Orders. The willful and deliberate disregard for the Court’s authority by Plaintiffs and their counsel unreasonably delayed resolution of the case, caused prejudice to Defendants who complied with the Court’s orders, and created problems with the Court’s administration by exceeding judicial timelines for this type of case and causing the cause to be removed from a previously set trial calendar. All claims against the Association and its Board Members were dismissed with prejudice.