Cole, Scott & Kissane, P.A.

Miami Partners, George Truitt and Anthony Lopez, and Miami Associate, Andrea Faverio, secured a significant victory in a complex construction dispute in Miami-Dade County.     Plaintiff, the owner of an exclusive mix of Class A office space and a showroom gallery in Miami's Design District, sought $15 million in consequential damages. CSK represents the General Contractor who took over the beleaguered project after the first elevated slab had been poured. The Developer-Landlord claimed large exterior terraces were inadequately waterproofed, causing water intrusion into the tenants' spaces and the stucco system was poorly installed on the concrete substructures. The Court granted our Motion for Partial Summary Judgment, finding that the prime construction contract contained a clear and unambiguous waiver of such claims. Although Plaintiff argued that a narrow exception in the contract's addendum should apply—allowing recovery if the insurance policy covered consequential damages—the Court determined that the policies did not extend such coverage. Additionally, Plaintiff's attempt to recover under a separate repair protocol agreement was rejected, as the Court found that the terms of the prime contract and addendum were incorporated into that agreement. The Court also dismissed Plaintiff's evidence in support of their claims as inadmissible hearsay and concluded that the remaining admissible evidence did not create a genuine issue of material fact.   In a thorough, two-day hearing, the Court carefully considered Plaintiff's multiple briefs and ultimately ruled in our client's favor. This ruling effectively reduced the Plaintiff's claims by $15 million, highlighting the strength of our arguments and led to a favorable settlement and resolution of the case. George Truitt https://lnkd.in/eis2MV4h Anthony Lopez https://lnkd.in/eBMJ8ZGe Andrea Faverio https://lnkd.in/eZ26pazy #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys

CSK is proud to present, as part of our Attorney Spotlight, Miami Associate Katrina Fernandez: I am an associate at CSK's Miami office, where I have worked since 2021, focusing on personal injury cases, particularly slip and fall incidents in retail settings. During my time at CSK, I have appreciated the camaraderie among my colleagues and gained invaluable experience managing cases from the pre-suit phase through trial. In a short time, I have had the opportunity to communicate directly with clients, depose witnesses, conduct mediations, and serve as second chair during trials. Born and raised in Miami, Florida, I earned my undergraduate degree from Florida State University (Go Noles!) and my law degree from Florida International University School of Law. In my free time, I enjoy traveling, spending quality time with family and friends, running, and relaxing at the beach. I also love discovering new restaurants, exploring Miami's incredible food scene, and navigating the challenges of Miami's dating scene. Katrina Fernandez https://lnkd.in/edJ9FTgF

CSK's Orlando Associates were recently sworn in after passing the Florida Bar by Orange County Circuit Court Judges Chad K. Alvaro and Brian S. Sandor. Congratulations to all of our new associates! #BarSwearingIn #CSKAssociates

CSK's newest Miami and Ft. Lauderdale associates were sworn in to the Florida Bar by United States District Judge Rodolfo A. Ruiz II at the Wilkie D. Ferguson Courthouse. CSK congratulates all our new associates! #CSKAttorneys #BarSwearingIn

Six of CSK West Palm Beach’s new associates were sworn in as members of the Florida Bar. Florida Supreme Court Justice Jorge Labarga and retired Florida Supreme Court Justice Barbara Pariente presided over the ceremony inside the courtroom at the Fourth District Court of Appeal. Congratulations to all of our newly sworn in associates! #CSKAttorneys #BarSwearingIn

Of Counsel Geraldine Asher recently drafted successful summary judgment motions in two separate Volusia County cases with help from Orlando Partner Jeffrey Partlow.  Plaintiff filed claims for negligence and breach of fiduciary duty against her condominium association and against her neighbor for private nuisance and IIED.  Plaintiff alleged the neighbor performed unreasonable and loud construction projects in his garage and around the property without necessary permits or approval from the Association.  As to the Association, the judge found a condominium association does not owe a fiduciary duty to individual owners or residents as a matter of law, which barred Plaintiff's claims.  As to the neighbor, the judge found the conduct complained of did not rise to the level of outrageousness required to constitute IIED or private nuisance and Plaintiff failed to establish a genuine issue of material fact to avoid summary judgment.  Geraldine Asher https://lnkd.in/diZzxN3s Jeffrey Partlow https://lnkd.in/eM4J6drX #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys

Miami Partners Joe Goldberg and Sam Basch received a great trial result recently in a rejected tender/bad-faith set-up case in Miami-Dade County. Following an auto accident, Plaintiff had incurred over $300,000 in past medical expenses with CSK's client having only $25,000 in insurance coverage. At trial, CSK retained a biomechanical engineer to recreate the crash showing that had the Plaintiff been travelling at the posted speed limit, the accident would have never happened. However, because the Plaintiff was travelling 15 mph over the speed limit, she hit our client, before swerving to the right and colliding with a guardrail. Plaintiff asked for over $1M in economic damages alone and several millions in pain and suffering damages. After nearly 9 hours of deliberation, the jury found the Plaintiff to be 83% at fault and our client 17% at fault. After reduction, Plaintiff was awarded just under $13,000. Joe Goldberg https://lnkd.in/eV4FYPWR Sam Basch https://lnkd.in/e8QYHUXV #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys

Orlando Associate Allaa Tayeb is on a roll! She has successfully drafted and obtained several motions for summary judgment in multiple counties with help from Partner Jeffrey Partlow. In Brevard County, she drafted a successful motion for summary judgment in a property line dispute brought by a member of a co-op RV association. Plaintiff asserted claims for trespass and sought an injunction to establish the rear boundary line and require an electric meter and pedestal to be moved.  The court entered summary judgment on both claims.  In Orange County, Allaa obtained summary judgment in favor of our client in a case involving claims for negligence, trespass, intentional infliction of emotional distress, conversion, and private nuisance. Our client was hired to oversee the maintenance of Plaintiff's home during a foreclosure proceeding. Plaintiff alleged our client trespassed his property several times during the foreclosure proceedings and caused damage to his home and personal property.  Allaa argued our client was not liable for actions by third parties because, to the extent the contractors/subcontractors trespassed the property, they deviated from instructions by our client. The judge agreed with the arguments and granted summary judgment on all claims.      In Osceola County, Allaa obtained summary judgment on counterclaims in an 8-year-old case.  Our client, a homeowners' association, filed an action for injunctive relief against an owner after she changed her landscaping without the approval. Six years into the case, the owner filed counterclaims, alleging the Association breached its covenants and failed to comply with section 373.185, Florida Statutes, which governs Florida-friendly landscaping. Allaa drafted and successfully argued summary judgment based on there being no evidence to support a breach of the covenants and because the owner lacking standing to assert a claim under the statute at issue.  Allaa Tayeb https://lnkd.in/e96_zB2X Jeffrey Partlow https://lnkd.in/eM4J6drX #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys

Tampa Associate Brandon J. Tyler recently won his first federal appeal on an issue of first impression in the United States Court of Appeals for the Eleventh Circuit. The client had represented the plaintiff-appellant in bankruptcy court and successfully settled the proceeding. Two years later, the plaintiff turned around and claimed our client had settled the case without his consent. The bankruptcy court (and many other courts) rejected this claim, so he sued our client in state court for legal malpractice and fraud. That case was removed to federal court and the plaintiff moved to remand the case back to state court. Brandon successfully convinced the district court that there was federal jurisdiction because the malpractice and fraud claims arose from our client's work in the bankruptcy proceeding.   The plaintiff then tried to appeal the denial of remand based on a statute that says a court's decision not to abstain from hearing a case is reviewable by appeal. Whether that statute granted a right to an immediate appeal was a matter of first impression in the Eleventh Circuit. Brandon filed a motion to dismiss the appeal for lack of subject-matter jurisdiction because the district court's order was non-final, arguing that statutory history and context indicated the order was only reviewable if it was otherwise appealable as a final order or under a recognized exception to the finality requirement.   The Eleventh Circuit issued its opinion agreeing with Brandon's motion on all points and dismissing the appeal. Brandon Tyler https://lnkd.in/edAk3jHM #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys