Of Counsel Geraldine Asher recently drafted successful summary judgment motions in two separate Volusia County cases with help from Orlando Partner Jeffrey Partlow.
Plaintiff filed claims for negligence and breach of fiduciary duty against her condominium association and against her neighbor for private nuisance and IIED. Plaintiff alleged the neighbor performed unreasonable and loud construction projects in his garage and around the property without necessary permits or approval from the Association. As to the Association, the judge found a condominium association does not owe a fiduciary duty to individual owners or residents as a matter of law, which barred Plaintiff’s claims. As to the neighbor, the judge found the conduct complained of did not rise to the level of outrageousness required to constitute IIED or private nuisance and Plaintiff failed to establish a genuine issue of material fact to avoid summary judgment.
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