Class Action Litigation
Raymond Robin and Elizabeth Izquierdo recently successfully defended the trial court’s entry of Final Summary for the defendant in a class-action suit in an appeal to the Fourth District Court of Appeal in Colombo v. Robertson Anschutz & Schneid, P.L. See the Fourth DCA May 4, 2022 decision, at 2022 WL 1397564. See the video of the Oral Argument at https://lnkd.in/g3Cer3Pg.
Mr. Robin and Ms. Izquierdo represented a large, prominent, national collection and foreclosure law firm (“Foreclosure Law Firm”) with its principal office in Florida. The Foreclosure Law Firm was retained by a national bank to foreclose a residential mortgage. After the Foreclosure Law Firm filed the foreclosure action on behalf of the bank, in what it believed was part of the settlement discussions it was having with the borrower’s attorney, the Foreclosure Law Firm prepared and sent the homeowner’s attorney a reinstatement letter setting forth the balance that the homeowner would need to pay to reinstate the loan. The reinstatement letter also listed the breakdown of the expenses comprising the balance. One of those expenses was for attorney’s fees incurred by the bank in a prior unsuccessful foreclosure action. The homeowner filed a Class Action Counterclaim against the Foreclosure Law Firm for breach of the Florida Consumer Collection Practices Act, Section 559.55, et seq., Florida Statutes, which not only prohibits any attempt to collect an unauthorized debt but also provides for the award of statutory damages and attorneys’ fees for anyone who is the victim of any such attempt. The homeowner sought to maintain a class action suit seeking statutory damages for the substantial number of borrowers to whom similar letters had been sent. Before the class could be certified, Keller Landsberg filed a Motion for Final Summary Judgment on behalf of the Foreclosure Law Firm arguing that the homeowner had no claim because the charge for prior attorney’s fees was authorized by the language of the mortgage signed by the homeowner. The trial court agreed and granted Final Summary Judgment. Because the putative class counter-plaintiff, the homeowner, had no individual claim, no class action could be maintained and the Court entered Final Judgment in favor of the Foreclosure Law Firm. In a seven-page opinion, the Fourth District Court of Appeal agreed with the trial court and affirmed.
After a 5-day trial where Raymond Robin and Dena Sacharow represented the plaintiff, Blue Cross & Blue Shield of Florida (“Florida Blue”), the Court found in our favor and entered Final Judgment for Florida Blue, against Zenith Insurance Company for $1,755,436.85. Florida Blue sought reimbursement for amounts it paid for the medical treatment of an injured employee which it argued should have been paid for by Zenith Insurance Company, his employer’s Workers Compensation Carrier. The case included claims for Equitable Subrogation and Unjust Enrichment.
Raymond Robin and Maria Gonzalez represent a successful Real Estate Attorney and his firm in a professional malpractice case. The defendants were sued for professional negligence by the seller after handling the closing of the sale of his 7,622 square foot seven bedroom, seven and a half bathroom, waterfront luxury home located in Miami Beach. Keller Landsberg were able to have the Amended Complaint dismissed with prejudice.