Obtained Summary Judgment For Attorney Client in Fair Debt Collection Practices Act Claim

Obtained Summary Judgment For Attorney Client in Fair Debt Collection Practices Act Claim

Rob Klein, Mark Sullivan and Sherry Dunaj obtained a summary judgment for an attorney client in a Fair Debt Collection Practices Act claim filed in the United States District Court for the Southern District of Florida. The firm had secured a prior summary judgment, which was affirmed in large part by the U.S. Court of Appeals for the 11th Circuit. However, the Court of Appeals had remanded the case for trial on a single issue related to the client’s intent to actually follow through with collection proceedings. After developing an extensive record on that issue, the Firm filed a renewed motion for summary judgment, arguing successfully that the appellate court ruling would not prevent a second summary judgment, given additional evidence which had been developed in the case.

Order Granting Summary Judgment

Mike Breen was successful in obtaining a summary judgment on behalf of a defendant title agent. The plaintiff landowners alleged that by hiring the title company to act as closing agent, perform a title search and apply for and cause a title insurance policy to be issued on the owner’s behalf, a duty arose to discover zoning and code violations on the property. The defense successfully demonstrated that no duty existed either contractually or at common law.