On December 30, 2021, Tenth Judicial Circuit Court Judge Angela J. Cowden, granted summary judgment in favor of Damian & Valori LLP | Culmo Trial Attorneys client, Carlos Villanueva, Esq.
In 2017, plaintiffs Emilia Lozano, Martha Vargas de Osorio, Francisco Zulaica and Dora Santos, filed suit against a number of defendants, including Mr. Villanueva, alleging fraud, conversion, violation of Florida’s Civil Theft Statute, breach of fiduciary duty, and unjust enrichment after they signed agreements for the purchase of pre-construction condominium units in the Majestic Cove project in Sebring, Florida.
Following a hearing on December 14, 2021, the Judge granted the Motion of Summary Judgment on the basis that the plaintiffs had filed the suit past the applicable statute of limitations. Furthermore, the Court determined that based on the evidence submitted, Mr. Villanueva never received any monies from the plaintiffs and their claim that he may have received money that belonged to them was not substantiated by evidence. “There is no genuine dispute as to any material fact that the moving party is entitled to judgment as a matter of law,” wrote Judge Cowden in the order.
Lead Trial Counsel Peter F. Valori, Managing Partner of the Firm, commented that “we are pleased that justice has prevailed, and we look forward to the disposition of the remaining aspects of the case.” He also commented that “thankfully the parties will be able to avoid the unnecessary expense of a trial.”