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HILTON WIENER, as Beneficiary of LAND TRUST 2928-55 v. GOLEX PROPERTIES, LLC and ADRIAN RODRIGUEZ
Citation: Not availableDocket: 21-0998
Court: District Court of Appeal of Florida; November 30, 2021; Florida; State Appellate Court
Original Court Document: View Document
Hilton Wiener, as the beneficiary of Land Trust 2928-55, appealed a county court's decision that dismissed his complaint against Golex Properties, LLC and Adrian Rodriguez for breach of a purchase and sale agreement. The county court dismissed the complaint with prejudice and denied Wiener's motion to disqualify Golex's counsel. The appellate court affirmed the denial of the disqualification motion but reversed the dismissal of the complaint with prejudice. The court noted that Rodriguez was dismissed as a party because he was deemed to have signed the agreement as Golex's agent. The dismissal of Golex was based on the court's inability to disregard a liquidated damages provision that was later deemed disadvantageous. Wiener argued that he should have been allowed to amend his complaint to nullify this provision and pierce the corporate veil, which the appellate court supported. It emphasized that amendments should be granted liberally when justice requires, as per Florida Rule of Civil Procedure 1.190(a). The appellate court concluded that the county court must allow Wiener to file an amended complaint on remand, dismissing the original complaint without prejudice. The decision is affirmed in part, reversed in part, and remanded for further proceedings.