May 24, 2023

Kelley Kronenberg’s Aggressive Defense Prompts Plaintiff to Dismiss Suit with Prejudice

Kelley Kronenberg Partner, Austin D. Miniard, secured a Notice of Voluntary Dismissal in a first-party property Assignment of Benefits case involving repeat-plaintiff, Air Quality Assessors (“AQA”).  

This case involved a claim for unpaid invoices relating to AQA’s “Initial Assessment” and “Engineering Report,” arising out of an alleged residential HVAC leak.  In defense of our client, Mr. Miniard filed a Motion for Summary Judgment arguing that the Assignment of Benefits violated Florida Statute 627.7152(2)(a)(1), (a)(2) and (a)(4) as well as §627.7152(2)(b)4. Additionally, Mr. Miniard filed a Motion for Sanctions arguing that Plaintiff had no valid basis to ever file suit.  

In concession of the strength of these motions and our defense, Plaintiff filed a Notice of Voluntary Dismissal with Prejudice, agreeing to bear responsibility for their own attorney’s fees and costs.  

Mr. Miniard’s aggressive, knowledgeable, and steadfast advocacy achieved the best possible result for our client: Plaintiff’s voluntary dismissal of their own case with prejudice.