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Julien v. Alhadeff

Third District Court of Appeal State of Florida
Dec 16, 2020
314 So. 3d 570 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D20-341

12-16-2020

Robinson JULIEN, et al., Appellants, v. Mark ALHADEFF, etc., Appellee.

Neustein Law Group, P A., and Nicole R. Moskowitz, Aventura, FL, for appellants. The Orlofsky Law Firm, P.L., and Alexander S. Orlofsky, Miami Beach, FL, for appellee.


Neustein Law Group, P A., and Nicole R. Moskowitz, Aventura, FL, for appellants.

The Orlofsky Law Firm, P.L., and Alexander S. Orlofsky, Miami Beach, FL, for appellee.

Before LOGUE, SCALES and GORDO, JJ.

PER CURIAM.

Robinson Julien and King Alpha Properties & Investments, LLC (collectively, "Appellants"), appeal the trial court's order granting Mark Alhadeff's motion for summary judgment. The trial court heard and ruled on Alhadeff's motion before Appellants served an answer to the complaint or asserted any affirmative defenses and while Appellants’ motion to dismiss was pending before it. Thus, Alhadeff had a "heightened burden of establishing conclusively and to a certainty that Appellants could not plead or otherwise raise a genuine issue of material fact." Zur Invs., LLC v. Auslander, 45 Fla. L. Weekly D1933, ––– So.3d ––––, 2020 WL 4640572 (Fla. 3d DCA Aug. 12, 2020) ("When a trial court has for consideration a plaintiff's motion for summary judgment before the defendant has answered, the summary judgment should not be granted unless it is clear that an issue of material fact cannot be presented." (citations omitted)). Alhadeff failed to meet this "extremely high" burden, and, as such, we reverse the trial court's order and remand for further proceedings consistent with this opinion. See id.

Alhadeff is the Trustee of the AMM Family Trust Dated December 31, 2012 (the "Trust").

Alhadeff, as Trustee of the Trust, filed a complaint against Appellants, seeking to enforce the terms of a settlement agreement and quiet title to the subject property. The complaint alleged, inter alia, that Appellants breached a settlement agreement and violated Florida's Uniform Fraudulent Transfer Act.
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Reversed and remanded.


Summaries of

Julien v. Alhadeff

Third District Court of Appeal State of Florida
Dec 16, 2020
314 So. 3d 570 (Fla. Dist. Ct. App. 2020)
Case details for

Julien v. Alhadeff

Case Details

Full title:Robinson Julien, et al., Appellants, v. Mark Alhadeff, etc., Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Dec 16, 2020

Citations

314 So. 3d 570 (Fla. Dist. Ct. App. 2020)