Appellate Win

May 17, 2022

Michael Rosenberg and Selina Patel of CSK’s Fort Lauderdale West office obtained a per curiam affirmance of an order granting Appellees’ motion for summary judgment based on the Appellant’s failure to state a cause of action, the applicable statute of limitations and res judicata. The Appellant brought the instant action as a second bite at the apple and to set aside a Judgment entered in a prior lawsuit from 2013, well over four years before this action was filed. The undisputed summary judgment evidence established that the Appellant had notice of his right to bring his claims as early as 2014. In fact, the Appellant previously raised similar allegations in a 2014 third-party complaint against the Appellees in the prior lawsuit. Any issues raised for a second time against the same parties are barred by the statute of limitations, or in the alternative, res judicata. The Fourth District agreed with the trial court’s conclusion that Appellant’s claims are time-barred. The Fourth District also unconditionally awarded appellate attorney’s fees.

Michael Rosenburg
(954) 343-3907

Selina Patel
(954) 343-3928

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