• South Florida / Fort Lauderdale & Luxury Residential Real Property Acquisitions and Sales

    Real Estate Closings, Title Examination & Issuance of Title Policies

    Slide1
  • South Florida / Fort Lauderdale Real Estate Contract Preparation and Review

    Real Estate Financing, Real Estate Development & Issuance of Title Policies

    Slide3
  • Real Property Acquisitions & Sales for Office Buildings

    Shopping Centers, Hotels & Apartment Buildings, Commercial Leasing & Retail

    Slide2
mobile-silde1

In Demida Miami Gardens, LLC v. Master Excavators, Inc., the appellants, Demida Miami Gardens, LLC and David Paul appealed a final judgment in the amount of $933,617.43 which was a result of an action to enforce a personal guarantee provided to Master Excavators by Paul.  On appeal, two arguments were asserted: one, that the guarantee was unenforceable because there was no consideration, and two, that Master failed to satisfy conditions precedent to its enforcement. 

On appeal, both of these arguments were rejected. The court found that while the record contained testimony and evidence supporting the appellants’ arguments, it also contained other competent and substantial testimony and evidence that directly contradicted them.  Citing to G & G Fashion Design, Inc. v. Garcia, the Third District Court of Appeal noted that re-weighing the evidence and credibility of the witnesses is not a function ascribed to the appellate courts.  G & G Fashion Design, Inc. v. Garcia, 870 So. 2d 870, 873 (Fla. 3d DCA 2004).

pay-invoice1
trust-payment