July 11, 2024

Kelley Kronenberg’s Aggressive Defense Results in Plaintiff’s Voluntary Dismissal

Kelley Kronenberg Practice Partner Esmee Vera-Benavidez of the firm’s First-Party Property Division successfully represented our client in a breach of contract suit before the Honorable Andrea Trotten of Florida’s Seventh Judicial Circuit Court in Flagler County.   

The case stemmed from an alleged storm loss on May 28, 2019, with the plaintiff claiming rights under an Assignment of Benefits (AOB) dated December 29, 2020.   

In response to the plaintiff’s Complaint, Esmee took decisive action by filing a Motion to Dismiss, a Motion for Summary Judgment, and a Motion for Sanctions. Our defense strategy centered on several critical points, including the AOB’s non-compliance with Florida Statute 627.7152, which challenged the plaintiff’s standing, evidence of accord and satisfaction, violation of statute 627.7152 by placing a lien on the property, and misrepresentation of the claim.  

We highlighted the discrepancy between the plaintiff’s documented costs of $13,349.41—confirmed as paid in full through various legal documents — and their pursued claim of $33,070.77. The motion for sanctions addressed these apparent misrepresentations.  

Following a hearing where the Court indicated an order would be promptly entered, the plaintiff’s counsel reached out to negotiate a resolution. Faced with our robust defense and the potential for an unfavorable ruling, the plaintiff ultimately chose to dismiss the suit voluntarily.  

This outcome represents a complete victory for our client, who initially faced potential exposure of $33,070.77 plus attorney’s fees and costs. By avoiding not only a costly payout but also further litigation expenses, our client achieved the best possible result. 

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