Legal Opinion

EMM Enterprises Two, LLC v. Fromberg, Perlow & Kornik, P.A.

District Court of Appeal of Florida

Decided October 26, 2016No. 4D15-3294PublishedCited by 1 opinion

1Opinion of the Court

CROOM, JANET CARNEY, Associate Judge.

The plaintiffs below appeal an order in which the court struck the complaint-and dismissed the action. We find that the trial court failed to properly consider the Kozel1 factors and reverse.

Appellants EMM Enterprises Two, LLC, Mike Ben-David, and Aharon Bitton (referred to collectively as “EMM”) filed a complaint against appellees Fromberg, Perlow & Kornik, P.A., and Jeffrey Perlow (referred to collectively as “Perlow”), asserting various causes of action arising out of a real estate investment transaction.

In the course of discovery, Perlow made a request…

2Cases cited4 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Kozel v. OstendorfSupreme Court of Florida · 1994
  3. Ham v. DunmireSupreme Court of Florida · 2004
  4. Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.District Court of Appeal of Florida · 2015

3Cited by1 opinion

  1. Ridgaway v. Mount Vernon Fire Ins. Co.Supreme Court of Connecticut · 2018

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