Robert (Bob) Stovash obtained an emergency injunction which prevented a lender from selling the membership interest of a commercial client of Stovash, Case & Tingley, P.A. The lender claimed a security interest in the membership interest of the firm’s commercial client and claimed a default existed under the loan documents. Bob Stovash rapidly assessed the actions by the lender and determined the lender had not complied with Florida’s version of the Uniform Commercial Code regarding pre-sale notice and had otherwise not acted properly so as to permit the sale. Hours before the sale was to occur, the Court agreed with the analysis and entered an injunction which stopped the sale from occurring.
Bob Case provided oral arguments before the Fifth District Court of Appeal and argued the Florida Real Estate Commission (FREC) improperly denied the Real Estate Recovery Fund claim asserted on behalf of a client. The client was the victim of bad acts taken by a real estate licensee who had failed to properly manage the client’s residential real estate investment properties. FREC had denied the claim based on a theory the claim was ineligible for recovery under the Real Estate Recovery Fund Statute. In a unanimous decision, the Fifth District Court of Appeal ruled the Firm’s client was entitled to recovery under the Fund and that the compensation arrangements between the real estate licensee and the client did not affect the licensee’s obligations to act ethically. The full opinion by the Appellate Court can be found here.
Following oral argument, Bob Case obtained a favorable opinion from the Second Circuit Court of Appeal on behalf of the firm’s bank client. The issues raised in the appeal related to the trial court’s entry of summary judgment following the trial court’s acceptance of certain evidence argued by the commercial borrower as being improperly presented under Florida’s evidentiary statutes. The Second Circuit Court of Appeal affirmed the entry of summary judgment and the commercial real property securing the loan was sold at a judicial sale.
Bob Case secured a million dollar jury verdict in favor of the firm’s bank client following a two-day trial in Naples, Florida. The matter arose from a guarantor’s refusal to comply with the terms of the guaranty and an allegation that the bank’s willingness to work with the borrower released the guarantor from his obligation. The jury found in favor of the bank on all issues and held the guarantor liable under the guaranty.
Senior Associate Attorney with the Firm, Dana Snyderman Lidfeldt has been selected to the 2015 Florida Rising Stars list by Super Lawyers. This is Dana’s second time being selected as a Rising Star by Super Lawyers. Dana’s selection as a Rising Star is based on merit and only 2.5% of attorneys are selected as “Rising Stars.” Dana practices in the areas of business litigation and banking litigation. The firm is proud of her inclusion in the list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations and is an impartial, third-party selection process.
Robert (Bob) Case was selected to the 2015 Florida Super Lawyers list for his Business Litigation practice. This is Bob’s second year on the list, as he was also selected in 2014 for the Super Lawyers list. Only 5% of attorneys are selected to Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. In April 2013 the selection process received a US Patent and is described as an impartial third-party rating system.
Robert (Bob) Stovash successfully argued on behalf one of the firm’s bank clients, Hancock Bank, before the Fifth District Court of Appeal that a court imposed vendor’s lien could not be levied against property encumbered by Hancock Bank’s mortgage. By successfully appealing the trial court’s declaratory judgment, Bob was able to protect the lien priority of his client’s multi-million dollar mortgage. The decision is titled “Hancock Bank vs. D.S.C. of Newark Enterprises, Etc.” and is published by the Fifth District Court of Appeal of the State of Florida as Case number 5D13-2305.
Robert (Bob) Case was selected as Corporate America’s Legal Elite for 2015. Bob Case was selected as “Best for Complex Contract Disputes in Florida.” Corporate America is the definitive magazine for CEOs, top tier management, and key decision makers across the US. Nathan Angell, Awards Coordinator, said: “The Legal Elite Awards honor the dedicated professionals and individuals that are innovating and shaping the legal sector, as well as achieving outstanding results for their clients. We received a tremendous response for the awards this year, encompassing a diverse range of practices and legal services, and it is a privilege to reward the winners for their achievements over the past 12 months.” All winners for the awards were the result of months of research and analysis from Corporate America’s dedicated awards team. As a result, all winners can be assured that they were chosen on merit only and can take pride from the fact that they were selected for their success.