We are proud to announce that we have successfully defended against an attempt by the plaintiff to reverse the trial court order, which stated that the client’s conveyance of a million-dollar, multifamily unit was lawful and pursuant to the authority granted by the entities’ operating agreement.
The underlying case alleged that our client, the defendant, unlawfully transferred the property’s title (jointly owned by the parties) to a company co-owned by both. The complaint in the case included claims of civil theft, conspiracy, quiet title, and slander of title, among others.
Ayala’s client stated in his defense that the plaintiff had previously signed documents transferring the property to a trust (including a power of attorney), where she clearly authorized the defendant to carry out such transfers.
At trial, Ayala’s client testified that the transfer was not done for fraudulent purposes, as claimed in the complaint, but rather to protect the creditor who had lent the money to purchase the asset in question, and who was also a longtime friend of both the plaintiff and the defendant.
In the end, the court sided with Ayala’s client, ruling, among other findings, that, “Plaintiff ha[d] failed to meet its burden of proof on all the Counts pleaded and tried before the Court. The documents executed are declared valid and support authority for the transfers that occurred.”
The Third District Court of Appeal affirmed the judgment, recognizing that the “trustee role equated to Manager status under the Operating Agreement.” Both—the court stated— “independently possessed the ‘sole right to manage and conduct the Company’s business, including the “authority to bind the Company on all matters.”
Attorney Eduardo A. Maura “We are very happy for our client. This dispute is in its third year, and it’s about time for the plaintiff to recognize that the courts are not buying into their arguments. At one point, disputes have to end.”
You can read the final judgment here.
You can read the Third District’s decision here.
For more information concerning real estate disputes or appeals, contact one of our experienced attorneys in Miami at 305-570-2208.
You can also contact our team directly at: arianna@ayalalawpa.com
Schedule 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].
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