Sanchez Fischer Levine, LLP

Results

Innovative. Experienced. Diverse.

We handle a broad range of matters in a variety of different jurisdictions. By way of example, below is a snapshot of some recent firm results:

Susanne Klement v. Boris Kofsman o/b/o A.K.

SFL obtained an Order from the Fourth Circuit District Court of Appeal reversing a trial court’s improper entry of a temporary injunction against their client. The matter stemmed from a dispute between neighbors that swelled to the point of litigation.  Despite SFL initially prevailing and obtaining an order denying entry of the injunction at an initial hearing, Appellee refiled the petition and secured a second hearing before a different judge, where petitioner succeeded in obtaining the temporary injunction against SFL’s client. SFL appealed the trial court’s order granting the temporary injunction, primarily arguing that res judicata barred the second trial court from entering an injunction against their client, as the issues argued in the first and second hearing were the same and no new evidence was presented to warrant a different ruling. The Fourth District agreed and reversed the temporary injunction, securing an important victory for SFL’s client.

Sandoval Wholesales, Inc. v. Farm Fresh Packers, LLC., et al.

By motion filed by SFL, the Southern District of Florida extinguished a lis pendens on two properties the plaintiff had asserted claims over for the previous two years. In doing so, the court agreed with SFL’s arguments that the plaintiff’s lis pendens had expired by operation of law, that the court lacked jurisdiction to extend the lis pendens, and that even if the Court had jurisdiction, there was no good cause to extend the lis pendens. SFL represented one of the defendants in this federal court action in which the plaintiff is asserting claims under the Perishable Agricultural Commodities Act (PACA) for alleged fraudulent transfers. The Court’s ruling is a major victory for SFL’s client who sought to remove the lis pendens that had improperly encumbered his real property.

Amira Eladawi v. American Van Lines, Inc.

SFL obtained a complete victory in this complex breach of contract case representing the plaintiff against an interstate moving company. Defendant agreed to move plaintiff’s belongings across the country with an agreed upon range of delivery dates. Plaintiff purchased the most expensive asset protection plan due to the value of her belongings. Defendant was negligent with their car of the belongings and even lost track of them for a period of time. After the Broward County Circuit Court judge sent the parties to arbitration, SFL received an award of 100% of what it demanded. Additionally, due to an early strategic proposal for settlement by SFL, it was able to recover attorneys’ fees and costs from the defendant.

In Re Application of Dina Hlace

SFL obtained an Order from the Southern District of New York granting their client’s ex parte application for discovery pursuant to 28 U.S.C. § 1782. This Section 1782 proceeding, as it is commonly referred to, affords foreign litigants the right to obtain discovery in United States federal courts for use in their foreign proceedings. With this order, SFL seeks to obtain discovery from financial institutions in New York on behalf of a foreign client with litigation pending in Argentina.

Goldblatt, et al. v. The Raymond and Selma Weisbein Irrevocable Trust

SFL successfully represented judgment creditor in the Miami Dade Circuit Court in post-judgment proceedings to recover $1.25 Million, alleging that the judgment debtor engaged in fraudulent transfers to an offshore trust to avoid satisfying the debt owed pursuant to the judgment.  Court ruled in favor of SFL’s favor, a decision that was subsequently affirmed by the Third District Court of Appeal.

Aspen American Insurance Company v. Deborah Wynn and James Baker

SFL prevailed in the United States District Court for the Southern District of Florida obtaining dismissal of a third-party action, in its entirety, in favor of SFL’s client. The action stemmed from an insurance dispute between two insureds and their insurance broker, who sought to hold the broker responsible after the insureds yacht sank in a hurricane and the insurer denied coverage. SFL moved to dismiss the claims on behalf of its client, the insurance broker, arguing that the third-party complaint should be dismissed because the Court lacked subject matter jurisdiction, as the third-party case was, among other things, not ripe for review. In dismissing the third party action, the Court rejected the other side’s position as “ignor[ing] a decade’s worth of binding cases from the Supreme Court reinforcing the importance of ripeness in federal jurisdiction” and finding that “a federal court should not exercise subject matter jurisdiction over claims that are not ripe.”

Jessica Mitchell, et al. v. Nursecon at Sea, LLC, et al.

SFL obtained outright dismissal of a class action lawsuit filed against Royal Caribbean Cruises in the Southern District of Florida for the COVID-19 based cancellation of a 2020 medical nurses convention cruise. SFL represented Royal Caribbean Cruises and moved to dismiss the lawsuit, arguing lack of subject matter jurisdiction, waiver, and failure to state a claim.  The Court agreed with SFL and dismissed the case, without prejudice. Plaintiff and the proposed class did not refile.

In re Application of Francesco Lefebre D’Ovidio.

SFL triumphed in a Section 1782 proceeding in the Southern District of Florida wherein foreign litigant sought to obtain discovery from SFL client to be used in unrelated business dispute pending in Italy.  SFL moved to quash subpoenas seeking thousands of documents and various depositions, arguing that the documents could not be used in the foreign proceeding, and citing confidentiality concerns for its client – a publicly traded, billion-dollar company.  The Court agreed and quashed the subpoenas.