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Voluntary Dismissal in Case Regarding Fraudulent Assignment of Benefits

Sarah R. Goldberg, of the Miami office, obtained a Voluntary Dismissal in a lawsuit filed by a water mitigation company based on an assignment agreement against the homeowner’s insurance carrier. At the deposition of the homeowner, Sarah got the homeowner to admit he did not execute the assignment agreement nor did the mitigation company complete the services identified on their invoice. Following the deposition, Sarah obtained an affidavit from the homeowner’s wife also indicating she did not execute the assignment agreement. Sarah then filed a Motion for Sanctions under 57.105 for a frivolous lawsuit, which resulted in the water mitigation company filing a voluntary dismissal shortly after the motion was filed.

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