Industry: Real Estate, Rental & Leasing

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Waterkeepers

No discovery.

MM&H successfully represented Bentall Green Oak, a New York-based, private equity fund with over $6 billion under management, in a lawsuit involving its failed purchase of a landmark downtown-Miami office building for $100 million. After the sale failed to close, New WT Miami, LLC, the selling party, laid claim to the $5.5 million earnest money deposit in escrow, setting the stage for competing claims and counterclaims over the right to those funds.

The seller, represented by Greenberg Traurig in Miami, attempted to avoid a rapid resolution of the case by pursuing protracted discovery. Through extensive preparation and exhaustive research, Jose Ferrer was able to show the trial judge that the legal issues involved required no discovery whatsoever and should be resolved summarily.

On April 21, 2021, the trial court granted the client’s motion for summary judgment and awarded judgment for the entire $5.5 million escrow deposit, plus entitlement to legal fees, in a complete victory for the client.

The matter was resolved on summary judgment with the $5.5 million earnest money deposit and interest refunded to our client.