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Caryn Bellus and Barbara Fox Make Law on Florida’s Anti-SLAPP Statute and Obtain Fees for Defendants

Appellate attorneys Caryn Bellus and Barbara Fox, have just prevailed in a complex and high-profile case before the Third District Court of Appeal. In its opinion, the Court affirmed a dismissal with prejudice in favor of two (of several) homeowners who had been sued for $30,000,000 by the developers of luxury high-rise condominiums. The developers claimed that by opposing an easement through their property, the homeowners violated an agreement which was entered into between the developers and the clients’ homeowners’ association. The circuit court judge had ruled that the agreement did not bind the homeowners, and that they were protected under the litigation privilege, as well as Florida’s Anti-SLAPP law, which makes it illegal for a meritless lawsuit to be brought against a party who asserts a constitutional right. The Third District interpreted the Anti-SLAPP statute for the first time in Florida case law and ruled that it barred the developers’ claims. The Third District further held that the two homeowners could not have breached the easement agreement because they were not parties to it. Finally, the Court granted appellate fees based on the anti-SLAPP statute.

The Third District’s opinion may be accessed with the following link:
Two Islands Dev. Corp., et al. v. Clarke, et al., 3D16-0388 (Fla. 3d DCA Jan. 24, 2018)
http://www.3dca.flcourts.org/opinions/3D16-0388.pdf

 

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