Rhonda Hollander, P.A. and Rhonda Hollander v. Mamise Adrien
CourtDistrict Court of Appeal of Florida
Date FiledApril 8, 2020
Docket3D19-1651
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 8, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1651
Lower Tribunal No. 14-16812
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Rhonda Hollander, P.A., and Rhonda Hollander,
Petitioners,
vs.
Mamise Adrien,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Mavel Ruiz, Judge.
Katie S. Phang, P.A., and Kathleen S. Phang, for petitioners.
Benitez & Associates, and Leo Benitez, for respondent.
Before EMAS, C.J., and FERNANDEZ, and LINDSEY, JJ.
PER CURIAM.
Petitioners, Rhonda Hollander, P.A. and Rhonda Hollander, seek a writ of
certiorari asking this Court to quash the trial court’s August 7, 2019 order which
denies petitioners’ motion to dismiss the respondent, Mamise Adrien’s, Fourth
Amended Complaint.
Upon review of the record, we conclude that petitioners are not entitled to the
writ because the litigation privilege does not apply under these circumstances, where
respondent alleged in the trial court that petitioners violated section 559.72, Florida
Statutes (2014) by sending threatening collection letters demanding payment of
maintenance assessments, interest, late charges, and attorney’s fees (collectively
“dues”) pursuant to the subject Declaration, despite having actual knowledge that
the Declaration was expired and unenforceable under the provisions of Florida’s
Marketable Record Title Act, Florida Statute, Chapter 712. Thus, petitioners had no
basis to proceed with the collection of these dues. See AGM Investors, LLC v.
Business Law Group, P.A., 219 So. 3d 920 (Fla. 2nd DCA 2017); Cole v. Echevarria,
McCalla, Raymer, Barrett & Frappier, 965 So. 2d 1228 (Fla. 1st DCA 2007); and
Fuller v. Becker & Poliakoff, P.A., 192 F. Supp. 2d 1361 (M.D. Fla. 2002).
Petition denied.
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