Orlando Partner Jeffrey Partlow and team recently obtained dismissals with prejudice in two separate cases filed in Brevard County and the Middle District of Florida. Plaintiff attempted to allege various state and federal claims against our clients related to a prior lawsuit and settlement of a foreclosure lawsuit. The Circuit Judge and Federal Judge dismissed their respective cases with prejudice.
The team also obtained a dismissal with prejudice in Lake County. The case alleged breach of fiduciary duty against a trustee of an irrevocable trust and related breaches of the Florida Trust Code. The initial complaint was dismissed with leave to amend. When Plaintiff failed to timely amend, we filed a motion to dismiss the case with prejudice based on Plaintiff’s delays. The Court agreed and dismissed the case with prejudice based on Plaintiff’s delays in amending, his last-minute proposed amendment being deficient and not stating a cause of action, and a finding that Plaintiff intentionally and blatantly disregarded a court order.
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