Voluntary Dismissal in Response to Motions for Summary Judgment – Orange County

On October 11, 2023, Butch Mathenia, Esq. of Scarborough Attorneys at Law obtained a voluntary dismissal in response to the Motion for Summary Judgment that was filed in conjunction with a Motion for Sanctions pursuant to Florida Statute 57.105. Plaintiff’s Complaint, filed in Orange County, alleged breach of an insurance contract due to the Insurer’s failure to pay Plaintiff, glass shops invoice. Mr. Mathenia, on behalf of the defendant insurer moved for summary judgment based upon Plaintiff’s failure to provide pre-suit notice of the loss to the defendant insurer. Mr. Mathenia also served and Motion for Sanctions pursuant to Florida Statute 57.105, claiming that the Plaintiff glass shop and/or their attorney knew or should have known that the breach of contract action was not supported by the material facts necessary to bring the action. Plaintiff, realizing the error of bringing suit, and facing sanctions, voluntarily dismissed the action. Mr. Mathenia’s aggressive litigation strategy resulted in a timely and cost-effective defense for the client.