Recent Cases

Frank Colonnelli and Robert Menje were granted Final Summary Judgment in favor of the defense in a highly contested dispute involving a luxury condominium association, bringing closure to issues that have been disputed for the last Two Decades

Frank Colonnelli and Robert Menje represented a condominium association, and its former president, who were sued in a four-count Complaint. Plaintiff, a unit owner, sought to invalidate an amendment to the declaration of condominium, challenge the constitutionality of Section 718.110(14), Florida Statutes, and sought damages against the Defendants for negligence and breach of fiduciary duty…. Read more »

BRPC Obtains Pre-Answer Dismissal of 13 of the 14 Causes of Actions Directed at a Coop and its Managing Agent

Bryan Mazzola and Brett Carrick represent a residential cooperative in New York City in a case involving the Coop board’s denial of a shareholders alteration plans, in part, because the proposed alteration would adversely impact the Coop’s electrical system.  Mr. Mazzola and Mr. Carrick successfully argued that the Coop’s decision was protected by the business judgment… Read more »

BRPC Defense Verdict in Admitted Negligence Case – Plaintiff Claiming Nearly $1,000,000 in Damages in Trucking Negligence Case

Peter Restani and Maria Dalmanieras of BRPC’s Miami Office successfully defended a multi-state waste and recycling company and its’ employee in a trucking negligence case where Plaintiff requested close to 1 million dollars in damages as a result of two cervical fusions that totaled $255,000.00 in medical expenses. At trial, the defense admitted the negligent… Read more »

Third DCA Affirms Dismissal with Prejudice for Fraud on the Court

John H. Richards successfully defended against a personal injury lawsuit, obtaining a dismissal with prejudice for fraud on the court. Richards obtained video-surveillance of Plaintiff that clearly refuted her allegations that her injury was permanent and continuing, with concomitant future damages. An evidentiary hearing was held wherein the Trial Court found based on the Plaintiff’s… Read more »

December 20, 2017

Attorneys Joseph Riopelle and Yvette Lavelle successfully argued and obtained summary judgment in favor of the Insured Master Association which rejected a sub-association’s attempt to require additional assessments from certain members of the Master Association.  The successful summary judgment prevented nearly 1700 home owners from paying an additional $600,000 in yearly assessments.

December 18, 2017

Attorneys Kyle T. Berglin, Esq. and Robert E. Menje, Esq. obtained dismissal with prejudice of a lawsuit asserting claims for breach of contract and fraudulent and negligent misrepresentations against a real estate auction house in connection with a residential property closing. The plaintiff alleged that the auction house failed to disclose that the property was… Read more »

December 11, 2017

Attorneys William E. Peters and Alejandro F. Garcia obtained a dismissal of a lawsuit on the morning of trial after the Court granted the property insurer’s motion to exclude a majority of the opposing expert’s causation and damages opinions. The plaintiff’s property sustained minor damages to the base kitchen cabinet after a plumbing leak that… Read more »

October 19, 2017

The Florida Fourth District Court of Appeal recently issued a unanimous ruling affirming the summary judgment entered in favor of our Defendant law firm clients. The Plaintiffs, former clients of the law firm, brought suit alleging legal malpractice, breach of contract, and breach of fiduciary duty, among other claims, upon allegations that the law firm… Read more »

October 2017

Attorneys Bryan J. Mazzola and Jacqueline L. Aiello obtained summary judgment in favor of a Condo’s former board president dismissing a complaint alleging a breach of fiduciary duty which was commenced by unit owners relating to a prior litigation. Specifically, at the time the defendant was the Condo’s Board president, the Board had commenced suit… Read more »

August 2017

New York attorneys Bryan J. Mazzola and Jennifer L. Stewart obtained a favorable decision from a referee after a three-day fixed issue hearing concerning whether a particular roof repair project was structural or non-structural. This issue determined whether costs were the responsibility of the Condo, if structural, or the individual unit owners, if non-structural.  This… Read more »