Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MVW Management, LLC v. Regalia Beach Developers LLC

Florida Court of Appeals, Third District

September 6, 2017

MVW Management, LLC, Appellant,
v.
Regalia Beach Developers LLC, etc., et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Lower Tribunal No. 16-3753

          Leon Cosgrove, LLC, and Scott B. Cosgrove and Ellen Ross Belfer; McDermott Will & Emery LLP, and Marcos D. Jimenez, for appellant.

          Bilzin Sumberg Baena Price & Axelrod, LLP, and Michael N. Kreitzer and James J. Ward, for appellees.

          Before FERNANDEZ, LOGUE, and SCALES, JJ.

          LOGUE, J.

         ON APPELLANT'S MOTION FOR REQUEST FOR ISSUANCE OF WRITTEN OPINION, CERTIFICATION, AND CLARIFICATION

         Appellant MVW Management, LLC, has filed a motion for a written opinion, for certification, and for clarification. We deny MVW's request for certification. We grant the motion for clarification, withdraw the previously issued opinion, and substitute the following opinion in its stead.

         MVW appeals a non final order denying its claim for advancement of legal fees and costs from plaintiff Regalia Beach Developers, LLC. For the reasons stated below, we affirm.

         Background

         Regalia Beach Developers, LLC (Regalia), is a single purpose legal entity that owns the Regalia Beach Condominium. Louis Montello was elected and serves as manager of Regalia pursuant to the company's operating agreement. Montello is also the principal of MVW Management, LLC, a company that Regalia hired to manage the Regalia Beach Condominium pursuant to a management agreement between Regalia and MVW.

         Regalia filed an action against Montello and MVW for mismanagement. Although this case involves first-party litigation, in which one party to a contract sues another party to the contract, both Montello and MVW sought advancement of their litigation expenses pursuant to the indemnity provisions of the parties' operating and management agreements. The trial court granted Montello advancement under the operating agreement, but it denied MVW advancement under both the operating and management agreements. MVW filed this interlocutory appeal. We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(ii).

         Analysis

         I. MVW is not entitled to advancement under Regalia's operating agreement.

         MVW claims it is entitled to advancement of its litigation expenses based on Regalia's operating agreement. We conclude MVW is not entitled to advancement because MVW does not qualify as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.