Collaborative Defense and Appellate Team Secures Complete Victory in Condominium Dispute in Broward County, FL

CSK Trial Team
Fort Lauderdale East Administrative Partner Craig Minko
Miami Associate Natalia Morales

CSK Appellate Team
Fort Lauderdale West Associate Amanda Wasserman
Fort Lauderdale West Partner Michael Rosenberg

Case Summary
In Broward County, FL, a Plaintiff brought claims against a Condominium Association and its property management company, alleging violations of the terms and conditions of tenancy. The Plaintiff claimed that the Association and management company engaged in discriminatory practices and improper lease termination procedures. The dispute centered on whether the Association’s actions—such as deactivating access fobs and issuing notices to vacate—were justified under the governing documents and Florida law.

Defense Strategy & Verdict
The CSK Trial Team argued that the Association was not a party to the Plaintiff’s lease and thus not a “landlord” or “lessor” under Florida law. The defense demonstrated that the Plaintiff’s claims failed as a matter of law due to lack of privity of contract, and that the Plaintiff had committed numerous violations of the Association’s rules, including unauthorized use of common areas and multiple parking infractions. The Association’s actions, including deactivation of access devices, were taken to ensure resident safety and were not discriminatory in nature. Ultimately, the County Court granted the Defendant’s Motion for Judgment on the Pleadings, entering final judgment in favor of the Defendant on all counts, and denying the Plaintiff’s motions to amend and for rehearing.

Appellate Team and Their Role
After the trial court’s decision, the Plaintiff appealed to the Fourth District Court of Appeal, where the CSK Appellate Team took the lead in defending the trial court’s ruling. The team prepared the appellate briefs and presented legal arguments demonstrating that the trial court correctly applied Florida law in granting judgment on the pleadings. Their advocacy emphasized that the Plaintiff’s claims failed as a matter of law and that the Association was not liable under the Plaintiff’s theories. The Fourth District Court of Appeal agreed, issuing a per curiam affirmation of the trial court’s judgment, thereby validating the defense strategy and reinforcing the effectiveness of the appellate advocacy.

Conclusion
This case is a testament to the power of collaboration between trial and appellate teams. By working seamlessly together, the attorneys achieved a complete victory for the Condominium Association and property management company—both at trial and appellate levels. Their unified approach ensured that the clients’ rights and responsibilities under Florida law were fully protected and upheld.