CSK Defense Team
Miami Partner Alan St. Louis
Miami Associate Guillermo Pereira Soto
Case Summary
The Plaintiff, a condominium unit owner, filed a derivative lawsuit on behalf of the condo association targeting the Defendants, former board members and the property manager, accusing them of breaching their fiduciary duties. The Plaintiff claimed these individuals mismanaged the association’s affairs and sought legal accountability through the courts.
Defense Strategy
The CSK Defense Team argued that the Plaintiff failed to follow Florida’s legal requirements before filing the lawsuit. Specifically, the Plaintiff did not make a proper pre-suit demand on the board, which is a necessary step under Florida law in derivative actions.
Verdict
The court agreed with the Defendants and dismissed the case with prejudice, meaning the Plaintiff cannot refile the same claims. The Defendants are now pursuing recovery of their attorney fees and legal costs as the prevailing parties.
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