Ayala Defeats the Defendant’s Motion to Dismiss its Client’s Claim in Dispute Over Half a Million-Dollar Miami Condo

Ayala has defeated the second attempt by a defendant to dismiss its client’s claim over her interests in a half-a-million-dollar condo in Wynwood, Miami.

The dispute centers around a former couple’s investment in a condo to benefit the couple’s common child. Ayala’s client, the plaintiff, alleges that they contributed over $212,000 to the purchase and upkeep of the property.

Instead of keeping the property for the benefit of their common child, the defendant transferred the property to himself and his new wife.

The plaintiff brought claims for Unjust Enrichment, and Equitable Lien.

The defendant made multiple filings in the case including one trying to cancel the lis pendens. A lis pendens is a written notice that a lawsuit is pending against a property, and it’s a critical legal tool in real estate law.

Despite having actively participated in the litigation, the defendant filed a second motion to dismiss based on lack of service of process arguments. Service of process is the legal procedure for notifying a defendant of a lawsuit. It involves serving the defendant with a court summons and a copy of the plaintiff’s complaint.

The court emphatically denied the defendant’s motion to dismiss based on lack of service stating that the defendant had long waived that defense.

Attorney Levi Harris, Esq. is litigating the case for Ayala’s client.

For more information on real estate disputes, lis pendens, or other litigation issues, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.