Category

Civil Actions

Ayala Obtains 179k judgement in Civil Theft Lawsuit in Broward County-Florida.

By | Attorney's Fees, Blog, Business, Civil Actions, Civil Theft, Fraud, lawyer, Litigation, News & Announcements, Noticias, Real Estate, South America | No Comments

Ayala obtained a $179,636 judgement in a lawsuit filed in Circuit Court in Broward County Florida, against a so called real estate “investment advisor” who defrauded Ayala’s Client. The lawsuit alleged that “[Defendants] . . . held themselves out to be experienced real estate investors and investment advisers able to purchase foreclosures properties at auction, and sell them at large profits.” Under the guise of…

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Daily Business Review Features Ayala’s Client Jury Verdict Win In Land Dispute

By | Blog, Business, Civil Actions, Civil Procedure, Fraud, lawyer, Litigation, News & Announcements, Quiet Title, Real Estate, Trial | No Comments

The Daily Business Review discussed the Jury Verdict Ayala obtained in favor of its Venezuelan client. Ayala represented the plaintiff, a Venezuelan immigrant investor, who under the promise of a phony development deal paid for the purchase price of a land contiguous to land already own by the defendant. In reliance of the promise to build warehouses in the newly acquired land (and a portion…

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Jury Awards Ayala’s Client Over 600k Verdict in Contentious Land Dispute.

By | Attorney's Fees, Blog, Business, Civil Actions, lawyer, Litigation, News & Announcements, Quiet Title, Real Estate, Unjust Enrichment | No Comments

After nearly 3 years of contentious litigation the jury returned an award in favor of Ayala’s client. Ayala represented the plaintiff, a Venezuelan immigrant investor, who under the promise of a phony development deal paid for the purchase price of a land contiguous to land already own by the defendant. In reliance of the promise to build warehouses in the newly acquired land (and a…

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A Little Compliance? A lot of Compliance? – How to Tell Opposing Counsel You’ll Be Seeking Fees (for lawyers).

By | Attorney's Fees, Blog, Civil Actions, Civil Procedure, lawyer, Litigation, News & Announcements | No Comments

By Eduardo A. Maura Download > In Florida (and in the U.S.) the default is you pay your own attorney’s fees.[1] Unless there is a statute or a contract that provides for attorney’s fees, the default applies.[2] The Florida Constitution at the same time, delegated to the Supreme Court of Florida authority to implement rules of court.[3] Some of these rules also allow for fee…

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Ayala Files Class Action Against Miami Mall of The Americas’ Owners on Behalf of its Client and Other Similarly Situated Businesses

By | Blog, Breach of Contract, Business, Civil Actions, Class Action, Contract, lawyer, Litigation, News & Announcements, Real Estate | No Comments

Ayala filed a Class Action on behalf of its client, and as representative of an entire class of plaintiffs, at the popular Miami Mall of the Americas. The lawsuits names the Mall owners, Sterling Corporation, a conglomerate with dozens of assets nation-wide, and other related defendant, SC-Mota Associates Limited Partnership. The class action alleges that Sterling, once it signed a deal with Costco, it completely…

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Ayala’s Lawyer Article on Attorney’s Fees Published on The Daily Business Review

By | Attorney's Fees, Blog, Business, Civil Actions, Civil Procedure, lawyer, Litigation, News & Announcements, Noticias | No Comments

  The Daily Business Review, a leading page for legal news in South Florida, published Ayala’s attorney Eduardo A. Maura article about the rules regulating service of proposals for settlement and motion’s for sanctions to seek fees from the other party. The article is titled “Substantial Compliance? Strict Compliance? —How to Tell Opposing Counsel You’ll be Seeking Fees”, is a short version of an article…

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Ayala Files Tortious Interference with Business Relationship Lawsuit Against Wells Fargo

By | Blog, Business, Civil Actions, Litigation, News & Announcements | No Comments

Ayala files lawsuit in Miami Dade County against Wells Fargo for tortious interference with business relationship. Ayala represents a local law firm who had a contract with its client for representation in an insurance claim. The law firm, in good faith, endorsed the insurance proceeds to Wells Fargo under the promise that Wells then would pay the firm. Wells did not pay the law firm,…

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Unjust Enrichment in Real Estate Cases—an Overview.

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Fraud, Litigation, News & Announcements, Real Estate | No Comments

Unjust Enrichment is a legal theory applicable when one person is enriched at the expense of another in circumstances that the law deems unfair. It is usually used when there is no valid contract or no contract at all between the parties. The elements of unjust enrichment are: (1) plaintiff conferred a benefit upon the defendant, who has knowledge of that benefit; (2) defendant accepts…

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Ayala Prevailed Against Relentless Tenant in Eviction Turned Quiet Title Action

By | Blog, Business, Civil Actions, Eviction, Litigation, News & Announcements, Quiet Title, Real Estate | No Comments

In a case that started as a simple eviction for possession, Ayala defeated a multiplicity of unfounded legal challenges by the relentless tenant on the property. The tenant/defendant’s counterclaims included actions for quiet title, cancellation of deed, rescission, mortgage foreclosure and the like. In the latest attempt to stop final judgment the tenant filed an emergency Motion to Set Aside the Final Judgment. Honorable County…

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Ayala Defeats Motion to Dismiss in Lawsuit Against Major Health Organization

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Litigation, News & Announcements | No Comments

Ayala brought an action against Simply Health Care (Simply) for breach of contract on behalf of its client, a local Miami medical center. The complaint alleges that simply arbitrarily terminated the agreement and after it did, it violated several post-contract obligations by systematically, and in coordination with other centers, harassing and providing false or misleading information to the patients. Simply retained the law firm of…

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