Litigation

Commercial Litigation – Business and Contracts

The causes of business litigation are boundless — poor service, fraud, misrepresentation, unhappy customers, unfulfilled promises, dishonored warranties, unfair and deceptive practices, disagreements with partners, and broken contracts are just a few. If you find yourself in one of these situations or in any other lawsuit related to business or contracts we can probably help. Any time that you are engaged in a lawsuit it is best to engage the counsel of a lawyer that knows business law and has substantial trial experience. Campione & Hackney has lawyers experienced in commercial transactions and litigating business cases. We can bring both types of expertise to the table for you.

Example: Our client was sued for a six-figure real estate commission on a multi-million dollar real estate transaction. The broker sued on a procuring cause theory. “Procuring cause” allows a real estate broker to collect a commission even where he has no listing contract if he can prove that he introduced the buyer and seller and that his introduction led to a sale. After a three (3) day jury trial, the jury returned a verdict for less than half of what we had offered to settle the suit in mediation and a fifth of the broker’s potential damages. The client was very happy. The jury, however, was confused after seeing the look of disappointment on the broker’s face and the happy look on the client’s face. The “winning” broker was so dissatisfied with the verdict that he appealed.  We settled the case on appeal after successfully blocking the broker from collection his judgment while also appealing the case.  This is an example of how victories can come in the most unlikely way.  By zealously defending our client’s position, the client effectively minimized and avoided a potentially costly outcome.

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Construction Litigation – disputes and defects

Commercial disputes take many forms. They may arise from a denial of insurance coverage, a misrepresentation, fraud, an undisclosed home defect, unfair or deceptive trade practices, improper construction, or negligence in the absence of a contract. Experienced trial counsel is necessary to identify possible causes of action and, if necessary, to bring suit. The attorneys at Campione & Hackney have experience in these areas and can help.

Example: The client bought a used boat from a family friend. She took the boat to a local marina for inspection. They told her the boat was in good shape despite its age and was a good purchase. She advised them that she did not want to put a lot of money into fixing the boat if it was not sound. They assured her that it was sound and a worthwhile investment. She spent thousands of dollars having the boat fixed up. She had all of her maintenance performed at the marina and kept the boat docked there for two years.

After a while, she had a problem with the boat taking on water. She was advised that the boat needed a “new transom.” She paid more than $4,000.00 for a “new transom.” After more problems arose and the marina dropped the boat from a lift, the client discovered that the boat was not seaworthy and had extensive rot throughout the transom and stringers. The boat was a total loss and worthless.

The client retained one of our lawyers to initiate a lawsuit against the marina under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The marina turned down a fair settlement offer and insisted on going to trial. At trial, we showed that the transom had not been replaced, but that only a portion of the transom had been replaced. We presented expert testimony that the rot had likely existed before she purchased the boat and would have been evident when a portion of the transom was replaced. Moreover, the marina’s inspection was inadequate and the problem should easily have been discovered.

At trial, the court found in favor of our client and awarded our client damages plus attorney’s fees. The marina appealed the damages award and we appealed the award of attorney’s fees because the amount awarded was less than half of the amount incurred. The appellate court upheld the award of damages and remanded for an award of our full fees in the trial court plus appellate fees. The marina fought tooth and nail until the very end. We ultimately collected a judgment in damages, attorney’s fee, and costs that far exceeded the earlier offer of settlement. Both the client and the attorney were committed to pursuing the matter through trial and appeal.

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Construction Lien Law

Making proper payments and avoiding liens under Florida’s construction lien laws (a/k/a mechanic’s lien laws) can be a thicket of potential problems. No one wants to pay twice for improvements to property. The lawyers of Campione & Hackney, P.A. can assist you in navigating the lien laws and any questions that may arise in connection with them. We can help if you are a contractor, architect, subcontractor, materialman, supplier, or laborer looking to protect your rights to payment and to file a lien, or if you are a property owner looking to make proper payments and avoid liens. If you are entitled to a lien, we can help you to file it. If you are a property owner and a lien has been filed against you, we can advise and assist you in getting it removed.

Sometimes litigation arises in connection with construction liens to foreclose a lien that has been filed, to dispute the amount of a lien, or to dispute the validity of a lien. Whether you are the plaintiff or the defendant in such a lawsuit, we have the experience to represent you. Call us today for a consultation.

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Estate and Probate Litigation

Many problems and complex issues may arise in connection with estates, probate, and trust administration. The attorneys of Campione & Hackney, P.A. have experience in these issues and can assist in navigating the matter. We can assist with:

Elective Share: The surviving spouse’s elective share (thirty percent (30%) of the deceased spouse’s elective share estate, which may include property jointly held with others and gifts made during the deceased spouse’s last year of life.

Homestead: The surviving spouse of a decedent may now claim one-half of the homestead even if the homestead was in the deceased spouse’s name alone. A petition may need to be filed to declare the homestead to be property exempt from creditors and to transfer it to the heirs.

​Exempt property: Household furniture, furnishings, and appliances are exempt property that is not part of the estate and belong to a surviving spouse. Sometimes a deceased spouse’s children from a previous marriage will attempt to remove exempt property from the home or pressure the surviving spouse to take certain actions.

​Undue influence: An individual may be subject to undue influence and coercion that causes them to create a will or trust that disinherits their children or other “natural objects of their bounty”, or make dispositions that they would not had made except for the undue influence or coercion.

Lack of Capacity: A testator may create a will at a time when it is questionable whether they have the requisite mental capacity to do so.

Breach of Fiduciary Duty: The duty of a fiduciary is one of the highest duties in the law. Nevertheless, personal representatives, trustees, and attorneys-in-fact (the agent appointed under a power of attorney) will sometimes mismanage estates and trusts due to negligence, greed, or other motives. In such cases, we may be able to recover damages on behalf of the beneficiaries.

​Declaratory Relief: Sometimes a will, trust, or other document will be unclear in its meaning, or the interested parties may disagree as to its meaning. In such cases, the Court can be asked to determine the meaning of the unclear terms.

Removal of Personal Representatives and Trustees: A judge can remove and replace a personal representative or trustee who fails to perform his duty or who mismanages the estate or trust.

Modification of Trusts: Sometimes unforeseen circumstances arise that were not anticipated when a trust was drafted. In such cases, a judge may modify the trust. Example case: The elderly client’s father had established the trust forty (40) years earlier. The bank named as the trustee had long since ceased to exist. The current trustee was a mega-bank and the trust assets had dwindled to less than $300,000.00. The client was unhappy with the fees and performance of the mega-bank. We were able to help him to get the mega-bank to resign and the court to modify the trust to allow the trust department of the client’s brokerage to be the new trustee.

It is impossible to list every circumstance that might lead to a lawsuit related to a will, trust, or estate. If you have any issue or question concerning these areas, call Campione & Hackney, P.A. for a consultation, (352) 343-4561.

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Real Estate Litigation

Disputes concerning real estate can take many forms — quiet title suits, boundary disputes, adverse possession, prescriptive easements, reformation of deeds, and easement disputes are quite common. This is especially true in rapidly developing areas where former pasture land, orange groves, and farm land have been turned into country estates, and subdivisions. Such cases take a combination of trial skills and knowledge of real property law. We have those skills at Campione & Hackney, P.A. Contact us today for a consultation and evaluation of your case.

Example: The clients owned five (5) acres of vacant land accessed through a fifty (50) foot wide public easement for ingress (entry), egress (exit), drainage and utilities. The clients received a call advising them that the neighbors had almost completely fenced in the easement and installed a gate. The client arrived to discover the neighbors had installed the fencing, landscaping, irrigation, an intercom call box, and a private drive sign, making passage over the easement cumbersome and unsafe. After a two day trial, the client prevailed on all counts forcing the removal of the gate and other improvements to ease access over the easement.

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Real Property

• Closing Agent (preparation of contracts, closing documents and loan closing services)
• Title Insurance (issuance of owner, mortgagee and leasehold title insurance)
• Legal Counsel (counseling and representation for purchase or sale, and/or issues arising regarding access easements, restrictions, etc.)
• Community Association Law (Homeowner & Condominium Associations)

In the area of real property, Campione & Hackney, P.A. has experienced attorneys and staff dedicated to assisting you in transactions, homeowner and condominium associations, and litigation.

1. Real Estate Transactions. Guiding a real estate transaction from initial conception to closing requires careful planning and execution. Our attorneys and staff are experienced and dedicated to assist and facilitate the transaction from beginning to end. We offer a broad array of services to meet your needs.
   • Closing real estate transactions in order to facilitate the transfer of residential and commercial properties
   • Counseling when purchasing or selling a home or property
   • Preparation of documents and contracts for the sale and purchase of a home or property
   • Counseling and representation in land use and permitting matters
   • Issuing Owner’s and Mortgagee Title Insurance in the sale and purchase of property or in any lending transaction
   • Counseling and preparing loans for construction, purchasing a home or land, and refinancing existing indebtedness
   • Preparation of loan documentation for residential and commercial loan transactions
   • Counseling and preparation concerning leases
   • Representing individuals in real property litigation
2. Homeowner Associations and Condominiums. Homeowners to property owners associations require assistance when it comes to the operation of residential and commercial property associations. Common issues concern enforcement of restrictions, collection of assessments, foreclosure, transitioning control from the developer to the residents, and operational formalities. Our attorneys and staff are experienced and dedicated to assist the homeowner or property owners association to understand the law and its application when dealing with property associations.
3. Lawsuits involving real property may arise through foreclosures, mechanic’s liens, quiet title suits, boundary disputes, title insurance claims, easements, and construction disputes. Our attorneys and staff are experienced and dedicated to assist in all litigation matters that may arise.

Residential and Commercial | Title Insurance

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Title Insurance Claims & Litigation

When you discover that there is a problem with the ownership or use of your property, you want counsel that is experienced and knowledgeable about title insurance, real property law, and litigation. The lawyers at Campione & Hackney are those lawyers. We have experience both bringing and defending title insurance claims. You buy title insurance to protect yourself against claims that may affect the title to and, therefore, the marketability of your property. If you have a title claim and your insurer refuses to clear the title or pay the claim, you need experienced counsel on your side. The same is true if a claim is brought against you due to a missed mortgage or lien at the time of closing. If a title insurer denies coverage although a valid claim exists, you may be able to recover your attorney’s fees from the insurer. If you have a problem related to your title insurance, call us for a consultation and evaluation of your case.

Example: The client brought a large piece of commercial property. A couple of years later they received an offer to purchase a portion of it with highway frontage. The buyer soon came back and informed the client that a title search revealed another company actually held the title to the property it wanted to purchase. This was the first that the client learned it did not own all of the property described in the deed it received when it purchased the property. The client made a claim against its title insurance. The title insurer denied the claim on the grounds that the client’s seller never owned the property and could not deed it to the client. They also claimed that the client had caused the mistake. We filed suit against the title insurer for the value of the property because there was a complete failure of title.

Through the litigation, it was discovered that the title company that closed the transaction and issued the title insurance had been told the proper legal description for the property by its title searcher. Nevertheless, the title company inexplicably relied on the surveyor for the legal description that it placed in the deed and never verified the accuracy of that legal description against the chain of title. Consequently, the deed included property that the client’s seller never owned.

The title insurer claimed it was the client’s fault for hiring the surveyor, that the client induced the surveyor to include the extra property in the survey, and that it had no liability because the seller never owned the property and could not convey it. We agreed to try the issues of liability and damages separately. We won the liability trial. The judge found for our client because the title company created the error and not our client. The client settled the case for a substantial six figure payment, including attorney’s fees. We represented the client on a contingency fee basis because attorney’s fees are recoverable from an insurer that denies coverage to an insured.

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Foreclosure and Collections

Sometimes people cannot pay their debts. If that debt is secured by property, whether real or personal, then you may need to foreclose on the property so you can recover some or all of what is owed to you. If the debt is not secured by collateral, you may need to file suit to recover a judgment that becomes a lien on the debtor’s property. You can then attempt to enforce your judgment by levy, attachment, foreclosure, or garnishment.

Other times you do pay your debts but a creditor claims that you have not or that you have failed to comply with a technical requirement of the loan. In some cases, people are sued because someone falsely used their credit card or stole their identity. Even if you cannot pay what is legitimately owed and have no defenses, you may need legal counsel to protect your rights and assure that the creditor does not take unfair advantage of you.

The lawyers of Campione & Hackney, P.A. have experience collecting debts and prosecuting foreclosures. We also have experience defending against debt collection and foreclosures. We can help whether you are a debtor or a creditor. We will honestly evaluate your situation and give you a realistic assessment of what can or cannot be done for you. If a debtor seeks relief in bankruptcy or if you need to file bankruptcy, we can help you there as well. We can take an action all the way to the end even if it starts in state court and ends in bankruptcy court.

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Appeals

We litigate cases at all levels from the trial court to the appellate courts. Attorney Harry Hackney has handled cases at every level of the state court system from small claims court to the Florida Supreme Court. Trial courts are not always correct and sometimes an appeal is appropriate. Other times the opposing party is unhappy with the result in the trial court and seeks to overturn the result in an appellate court. In either case, we can represent you on appeal.

Examples:

• Case 1: We successfully got the case dismissed in the trial court because the opposing party failed to prosecute their case in a timely fashion. The opposing party appealed the dismissal. We successfully defended the dismissal on appeal. The opposing party was unable to refile their case because the statute of limitations had run. See, Chase v. Lavender, 810 So. 2d 1044 (Fla. 5th DCA 2002).
• Case 2: We won the clients’ easement case in the trial court on all counts. Although the trial judge was reluctant to rule in our favor, but had no choice legally, the judge assessed costs against our clients when opposing counsel argued that despite losing on every court of our action that they had “prevailed on the significant issues.” We appealed the cost judgment. The appellate court ruled that the trial judge had abused his discretion and that our client “clearly prevailed on the significant issues.” See, Granoff v. Seidle, 915 So. 2d 674 (Fla. 5th DCA 2005)
• Case 3: A jury ruled against our clients in a case alleging misrepresentation even though the statute of limitations had run. We appealed the adverse judgment. The appellate court ruled that the statute of limitations had indeed run. It remanded the case to the trial court to enter judgment for our clients and to enter a cost judgment against the other party. See, Steinmetz v. G.D. Parker Sod, Inc., 673 So. 2d 968 (Fla. 5th DCA 1996).

Back to List of Litigation Specialties | Call us today for a consultation, (352) 343-4561.