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Voluntary Dismissal with Prejudice of Four Related Cases Arising out of Alleged Water Leaks

Eli M. Marger, of the Tampa office, obtained voluntary dismissals with prejudice in four related lawsuits arising out of water leaks in the Plaintiff’s kitchen and bathroom. Following a favorable expert report, discovery responses, and deposition testimony by the Plaintiff, Eli filed and argued a Motion for Summary Judgment, arguing the leaks were long-term in nature and not covered under the Plaintiff’s insurance policy. The Court withheld a ruling and ordered the parties to a re-inspection of the property, giving the Plaintiff a final chance to defeat summary judgment. The week of the inspection, Plaintiff’s counsel reached out and stated his intent to dismiss the claims without prejudice. Unwilling to have the cases dismissed without prejudice, Eli informed Plaintiff’s counsel he would be seeking reimbursement of attorney’s fees and costs. Plaintiff’s counsel subsequently agreed to have all four lawsuits dismissed with prejudice.

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