Miami Hub - QPWB Miami Partner David Perez and Associate Dalton Clouser secured a complete defense victory for a condominium association client, resulting in a zero-dollar award despite initial six-figure damages allegations.

Overview of the Case

Our client, a condominium association, faced a lawsuit asserting substantial property damage to a unit, for which the Plaintiff sought six-figure compensation. The core of the dispute revolved around allegations concerning the association's responsibilities related to property renovations and the maintenance of its common element plumbing system.

Key Difference-Makers

• David Perez – Partner, Miami Hub
• Dalton Clouser – Associate, Miami Hub

Claims Made Against Our Client

The Plaintiff specifically asserted two primary legal counts against the condominium association: breach of the condominium declaration and negligence. These claims detailed allegations that the association negligently conducted renovations on the property and failed to properly maintain the condominium's plumbing system. According to the Plaintiff, these specific acts of negligence and breach directly resulted in the water damage sustained by her unit. Opposing counsel's arguments centered on these detailed alleged failures as the basis for the claimed damages.

Defense Strategy

The defense mounted by QPWB's team took a decisive turn when a rigorous examination of the case facts unveiled a critical jurisdictional vulnerability. Our investigation unequivocally established that the Plaintiff was not the legal owner of the unit in question, but rather a mere member of the limited liability company that held legal title. This pivotal revelation allowed us to swiftly and strategically file a Motion for Summary Judgment, asserting the Plaintiff's absolute lack of standing to bring suit. 

Impact on Final Outcome

Plaintiff filed a voluntary dismissal of the entire matter just days prior to the scheduled hearing on our Motion for Summary Judgment. This strategic action by the defense, highlighting the Plaintiff's lack of standing, directly led to the successful outcome for our client. The condominium association is now entitled to fees and costs pursuant to the applicable statute governing actions involving condominiums.

Unique Aspects of the Case

The most unique aspect of this case was the Plaintiff's lack of legal ownership of the unit at issue, serving as the fundamental flaw that allowed for a successful challenge to her standing.

Predicting the Future

A win like this reinforces our commitment to rigorous due diligence in defending claims. For future clients, it demonstrates QPWB's ability to identify and leverage fundamental legal flaws in a plaintiff's case, ensuring that claims are brought by the proper parties and that our clients are awarded the fees and costs they are entitled to when prevailing in an action.

Key Actions in This Case

• Thorough investigation to ascertain true legal ownership of the unit
• Identification of Plaintiff's lack of standing to sue
• Strategic filing of a Motion for Summary Judgment based on lack of standing
• Entitlement of our client to fees and costs

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 49 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.