Evelyn Greenstone Kammet and Miguel Espinosa (Miami, FL) (D&O) successfully obtained a Final Order granting Defendants’ Motion for Summary Judgment on Plaintiff’s Complaint for Declaratory Relief. Plaintiff, the owner of two commercial units within the subject condominium, alleged that a recorded Amendment to the Declaration of Condominium was unclear, ambiguous, unreasonable, patently unfair, and created doubt regarding Plaintiff’s obligation to… Read More
TPP Holding 56 Cedar LLC v. The Legends Condominium Association, Inc.
Ashley N. Landrum and Jim Wright (Palm Beach) (D&O) obtained a Dismissal with Prejudice of all claims contained in an Amended Complaint asserted against current Board Members of a Condominium Association. The Plaintiff, an owner, filed suit against the Association and current Board Members related to an alleged failure to adequately maintain and repair the Common Elements causing damage to… Read More
Iberia Bank v. Blue Water Coach Homes Condominium Association, Inc.
Philip J. Fairman (Fort Myers, FL) (D&O) obtained a Final Summary Judgment in Lee County, Florida in the case of Iberia Bank v. Blue Water Coach Homes Condominium Association, Inc. During construction of the condominiums, the developer learned that multiple units contained Chinese drywall. As a consequence, the developer was unable to sell those units. A Federal class… Read More
Galindo v. The Ivy Condominium Association, Inc.
Evelyn Greenstone Kammet (Miami, FL) (D&O/Appeal) Evelyn Greenstone Kammet successfully defeated two appeals filed by a unit owner against his condominium association regarding an award of attorney’s fees (note, Ms. Greenstone Kammet also handled the evidentiary hearing regarding attorney’s fees at the trial court level). Specifically, the unit owner sought $189,900.00 in attorney’s fees, and when the trial… Read More
Kapitanov v. Spinnaker Bay Townhomes Community Association, Inc.
Evelyn Greenstone Kammet and Miguel Espinosa (Miami, FL) (D&O/Appeal) Evelyn Greenstone Kammet and Miguel Espinosa successfully obtained a Dismissal with prejudice of unit owners’ derivative claims after all five iterations of their complaint were dismissed (over the course of two years) for failing to satisfy the particularity requirement of Fla. Stat. 617.07401(2), governing pre-suit requirements to maintaining a shareholder derivative… Read More