Industry: Real Estate, Rental & Leasing

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Waterkeepers

Prepare as though you are gearing up for a trial right from the outset.

MM&H successfully represented Blue Grouper Ventures, LLC, an Atlanta-based private equity fund with more than $1 billion under management, in a 17-year lawsuit against a condominium association of a luxury high rise condominium in Miami. Blue Grouper owns the highly-sought-after commercial units in the first five floors of the condominium building, but the Association has failed to provide even basic utilities for these units notwithstanding its obligation to do so under the condominium’s declaration and governing documents. Blue Grouper sought damages of more than $8 million, comprising of the cost to provide basic utilities to the units, the amount of over payment of condominium assessments for services it did not receive, and lost profits associated with the inability to rent the properties during Blue Grouper’s ownership.

Cole, Scott and Kissane, a 574-attorney-strong Fort Lauderdale law firm, represented the defendant, Blue Condominium Association Inc.

At MM&H, we worked in small teams of two attorneys and a paralegal. This is how we typically staff our cases. All of us on the team were familiar with every filing, every discovery response, every single item of evidence in the case. We’re always optimistic about settlement but ready to try the case if settlement breaks down, as it did in this case.

Miami-Dade Circuit Court Judge William Thomas presented final judgment after a jury in April found for the plaintiff, unit owner Blue Grouper Ventures, and in his ruling, Thomas gave the plaintiff more than $475,000 in prejudgment interest. The judge also provided unit owner Blue Grouper with rights of access to the condominium property for the inspections and installations required for furnishing utilities and other services. This opened the path for Thomas to award reasonable attorney fees, estimated at around $500,000.

“It resolved that issue once and for all by finding that our client was the prevailing party on the significant issues in the litigation and, therefore, granted my client entitlement to its fees incurred in the litigation" said Jose Ferrer

The jury ruled in favor of the plaintiff, unit owner Blue Grouper Ventures. The judge recently issued the final judgment, granting the plaintiff over $475,000 in prejudgment interest. Furthermore, Judge Thomas granted unit owner Blue Grouper the necessary access to the condominium property for inspections and installations related to utilities and services By finding that our client was the prevailing party on the significant issues in the litigation granted our client entitlement to its fees incurred in the litigation.