Bernhard Law Firm Gets $2.2 Million Judgment Vacated on Constitutional Due Process Grounds

This week, Bernhard Law Firm obtained a court order vacating a $2.2 million final judgment in Miami, by raising constitutional concerns with the procedure leading up to the judgment. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result). If you have any real estate problem, dispute, or question, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, www.bernhardlawfirm.com.

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Constitution_of_the_United_States,_page_1
By Constitutional Convention – U.S. National Archives and Records Administration, Public Domain, https://commons.wikimedia.org/w/index.php?curid=15795309

As garnered from the public filings, a Florida multi-property owner sued Texas investors on a deal to swap multiple properties and pool investment in others across several states. The Florida investor alleged that the Texas investment group had defaulted on its swaps and use agreements, for a total loss to the Florida owner of $2.2 million. In 2016, the trial court entered final judgment in favor of the Florida plaintiff upon certain affidavits of indebtedness and technical admissions. Over a year later, the Texas investors engaged Bernhard Law Firm to investigate the underlying casework and seek relief. Bernhard Law Firm conducted the legal investigation. Based on its findings, Bernhard Law Firm moved to set aside the final judgment, despite the usual one-year time bar, by arguing that the case had been decided on improper submission of evidence without sufficient evidentiary hearings and sufficient notice to the Texas investors, rendering the $2.2 million judgment void. Bernhard Law Firm argued that the integrity of the court process, and protection of constitutional due process rights, require setting aside the judgment for a proper determination of the evidence in a properly called hearing or trial. This week, the Court agreed with Bernhard Law Firm and set aside the $2.2 million final judgment as void.

For more details on the case, see Estrada v. Estrada, 14-28685 CA, Miami-Dade Circuit Civil. If you have a real estate problem, dispute, or question, please contact Bernhard Law Firm at 786-871-3349, abernhard@bernhardlawfirm.com, www.bernhardlawfirm.com.

Bernhard Law Firm

 

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