This past week, our attorney
Eion Oosterbaan, successfully defeated a defendant’s bid to dismiss with prejudice our client’s claims related to her purchase of a garage structure.
The complaint, which sets forth claims for
breach of contract,
fraudulent misrepresentation, breach of implied warranty, and
quasi-contract claims, surrounds our client’s purchase of an exterior garage structure that was specifically intended to withstand freezing temperatures and other natural conditions. However, when our client received the structure, it contained several material defects, including a lack of the very insulation which was a key consideration in the overall purchase.
Following the hearing on the motion, the court ruled in favor of our client outright, forcing the defense to substantively defend our claims. Following the hearing, attorney Eion Oosterbaan had this to say, “This is a favorable win for our client, but we are not satisfied. Litigation is a marathon, not a sprint, and we look forward to carrying this case to the rightful finish line, based on the merits.”
Partner Ryan Sawal also stated, “Motions to dismiss, when properly utilized, can help narrow a case down to its important issues. But here, where the defense sought to dismiss our client’s legitimate claims, with prejudice no less, we knew we had to put up a strong defense.”
If you are involved in a business or property, contact one of our experienced attorneys in South Florida at 305-570-2208.
You can also contact our team directly at: arianna@ayalalawpa.comSchedule a case evaluation online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
