In order to provide an update on the final rulings in the case that was filed 07/01/2019 by the Schalamar Creek HOA and later amended to add 8 individual Plaintiffs, we have summarized below the final rulings in favor of the Defendants. The U.S. Court of Appeals for the Eleventh Circuit upheld the final summary judgment decision by the U.S. District Court that had dismissed all claims asserted by the HOA and the 8 individual Plaintiffs. Additionally, the District Court entered an order in favor of the Defendants requiring the HOA and the 8 individual Plaintiffs to pay $366,253.68 in attorneys’ fees and costs to Defendants. Additionally, the attorney hired by the HOA to represent them in this case has also been temporarily suspended by the Florida Bar. These sanctions against attorney Daniel Perry were confirmed by the Florida Supreme Court. District Court Order Granting Summary Judgment to Defendants:The Clerk of Court is directed to enter one final summary judgment in favor of Defendants. DONE and ORDERED in Chambers, in Tampa, Florida, this 10th day of August, 2020. U.S. Court of Appeals Affirmed the Summary Judgment Decision CONCLUSION: Because the district court correctly found that the residents did not have standing as to their RICO claims, and the homeowner’s association failed to satisfy its burden of proof on its Americans with Disabilities Act claim, we affirm the district court’s summary judgment for Schalamar Creek’s owners and operators. AFFIRMED. USCA11 Case: 20-13415 Date Filed: 05/07/2021 Page: 22 of 22 Case 8:19-cv-00291-TPB-AEP Document 156 Filed 05/07/21
Magistrate Judge’s Recommended Order Requiring HOA and 8 Individual Plaintiffs to Pay Fees and Costs to Defendants:Accordingly, it is herebyRECOMMENDED:1. Defendants’ Supplemental Motion for Attorney’s Fees and Costs (Doc. 185) be GRANTED as follows:a. Defendants be awarded attorney’s fees in the amount of $356,888.48.b. Defendants be awarded $9,365.20 in costs. Fee and cost award recommendation by U.S. Magistrate Judge approved by District Court and Motion for Reconsideration filed by Plaintiffs denied.
Florida Bar Suspension of HOA’s Attorney:Daniel Wayne Perry, 4767 New Broad St., #1007, Orlando, suspended for 60 days and ordered to attend The Florida Bar’s Ethics School, effective 30 days following a February 23 court order. (Admitted to practice: 1983) Perry engaged in a pattern of misconduct during his representation of several mobile park homeowners’ associations. Perry filed frivolous lawsuits, violated the confidentiality provisions of the Florida Mediation Act, and paid attorneys’ fee sanction amounts out of his own pocket to convince clients to further litigate their cases. Perry’s conduct created conflicts of interest with his clients. (Case No: SC22-391) |
