August 1, 2023

Kelley Kronenberg Secures Monumental Victory Based on Florida’s Litigation Privilege

Kelley Kronenberg Partner, Jake Huxtable, achieved a notable victory in a unique case involving allegations of abuse of process when the Honorable Elizabeth Metzger granted Defendant’s Motion to Dismiss.  

In the underlying case, the plaintiff, SFR Services, LLC, sued Frontline for abuse of process arising from two ongoing lawsuits between the parties. In those lawsuits, Frontline countersued SFR for civil theft, fraud, negligent misrepresentation, and FDUPTA violations. Despite the pending litigation, SFR alleged that Frontline used its countersuits as a means of coercion and extortion to gain an advantage in the ongoing litigation, ultimately seeking damages of over $200,000.00. 

Jake Huxtable responded to SFR’s complaint by promptly filing a Motion for Sanctions under 57.105 and a Motion to Dismiss SFR’s Complaint with prejudice, citing Florida’s litigation privilege. However, even in the face of these strong legal arguments, SFR refused to drop the case. Mr. Huxtable then presented Frontline’s Motion to Dismiss before Judge Elizabeth Metzger of the Martin County Circuit Court. 

In a significant victory for Frontline, Judge Metzger sided with the defense and granted the motion to dismiss the abuse of process claim in its entirety and with prejudice. This decision was based on Florida’s litigation privilege, reaffirming the importance of this legal protection. 

The successful defense by Jake Huxtable highlights his expertise in navigating complex legal disputes and securing favorable outcomes for their clients. In the words of Jake Huxtable, “As an attorney, it’s an incredible feeling to put a strategic and collaborative litigation plan in place with a valued client, like with Frontline, and then to see it all come together perfectly to get the win. I couldn’t be happier to have brought this one home for Frontline.” This noteworthy win not only safeguards Frontline’s business interests but also reinforces the importance of Florida’s litigation privilege.