The Firm won dismissal and a “No Probable Cause” finding from the New York State Division of Human Rights

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The Firm won dismissal and a “No Probable Cause” finding from the New York State Division of Human Rights with respect to a condominium unit owner’s claim that the Condominium had discriminated against him in connection with efforts to collect delinquent arrears due to the Condominium. The unit owner claimed that the decisions to file… Read more »

James K. Parker and Yvette Lavelle successfully defended a Homeowners Association against a multiple count declaratory relief action

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James K. Parker and Yvette Lavelle successfully defended a Homeowners Association against a multiple count declaratory relief action brought by a homeowner alleging that the Board of Directors of his Homeowners Association violated the Association’s governing documents and Florida Statutes when they went forward with scaling back/postponing portions of a Member approved funding of a… Read more »

Debrincat v. Fischer No.: SC15-1477

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Richard and Jason Debrincat filed the original civil proceeding against a group of defendants. Stephen Fischer was later added as a party defendant, but the Debrincats subsequently dropped Fischer from the underlying proceeding. Fischer then brought an action against the Debrincats for malicious prosecution. The Debrincats moved for summary judgment, arguing that the litigation privilege… Read more »

Florida Fourth District Court of Appeal Unanimously Affirms Summary Judgment in Favor of the Firm’s Client

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In Brecker v. Delaire Country Club, Inc., 2017 Fla. App. LEXIS 259 (Fla. 4th DCA 2017), the Florida Fourth District Court of Appeal issued a unanimous ruling affirming the summary judgment entered in favor of the firm’s client Delaire Country Club, Inc.  The Plaintiffs, members of the Country Club, brought suit challenging the results of… Read more »

Embroidme.com, Inc. v. Travelers Property Casualty Co. of America, 2017 U.S. App. LEXIS 368 (11th Cir. 2017)

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An insured was sued and incurred over $400,000 in legal fees before notifying its liability carrier and tendering the defense of the lawsuit to its carrier. The liability carrier, upon notification, picked up the defense of its insured but refused to reimburse the insured for the pre-tender legal fees the insured incurred. The court found… Read more »

Florida Supreme Court Quashes First District Court of Appeal Decisions Requiring Language of Florida Rule of Civil Procedure 1.442 (c)(2)(F) Be Strictly Construed

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In Kuhajda v. Borden Dairy Co. of Al., LLC, SC15-1682, the Florida Supreme Court issued a decision holding that Florida Rule of Civil Procedure 1.442 (c)(2)(F)’s provision requiring a proposal for settlement state “whether attorney’s fees are part of the legal claim” is procedural and “totally irrelevant” to enforcement when the complaint does not seek… Read more »

BRPC Proves Plaintiff’s Fraud on the Court Obtaining Dismissal of All Claims and Final Judgment In favor Of BRPC’s Clients

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BRPC successfully defended its clients in an auto negligence case obtaining a Final Order of Dismissal on BRPC’s Motion to Dismiss for Fraud upon the Court. Plaintiff brought a negligence suit against BRPC’s clients seeking to recover damages for personal injuries. In deposition Plaintiff provided sworn testimony that that she has a permanent limp which… Read more »