Dismissal – Defamation Action

Miami partners, Edward Polk and Haley Kornfield successfully obtained a dismissal of a defamation action on its fourth motion to dismiss. Plaintiffs were on the board of their condominium association and the main plaintiff was President of the Board. Plaintiffs sued defendants for defamation and intentional infliction of emotional distress because the defendants put up signs and Next Door posts asserting that one plaintiff embezzled funds from the Association and the other plaintiff enabled the embezzler. Haley Kornfield and Edward Polk attacked four of Plaintiff’s complaints with motions to dismiss based on plaintiffs’ failure to properly assert their causes of action. After the third Motion to Dismiss, this Court said that Plaintiffs had one chance to formulate a Complaint that could survive defense’s motion to dismiss but Plaintiffs’ Fourth Amended Complaint could not stand up the last Motion to Dismiss.

Edward Polk
(305) 350-5338

Haley Kornfield
(305) 350-5335

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