Recently, Florida Judge Michael Hanzman of the Miami-Dade Circuit Court rejected a legal ploy designed to prevent Heinrich Von Hanau and his company, Fisher Island Holdings, from erecting an additional luxury condo on Fisher Island, along with 12 residential homes.

The Lawsuit 

A lawsuit filed last year by area homeowners George Perlman, Jeff Horowitz, and Thomas Lauria against Fisher Island Holdings, the Fisher Island Community Association, and Fisher Island Club attempted to void a settlement agreement reached in previous lawsuits involving Heinrich Von Hanau.

In this lawsuit, the three plaintiffs alleged that construction of the proposed condo and associated residences would remove access to a third ferry landing typically used for emergencies on Fisher Island, since the area is only accessible by helicopter, private boat, or ferry. 

The Verdict 

However, the August 2021 hearing ended well for Hanau, with Judge Hanzman ruling in his favor. The judge said in his order, “Fisher Island has been embroiled in seemingly endless litigation. It damages property values, and it damages the perception of the community and the people who live in it. It is time for all this litigation to meet its end.” 

This decision allows Fisher Island Holdings to complete construction on a 10-story, 57-unit condominium at 6 Fisher Island Drive. Once the property has been developed, no additional developments can be constructed on the island. 

The settlement requires Fisher Island Holdings to make a $2.5 million payment in cash. Although the attorneys for the plaintiffs, Alan and Lauria Kluger, declined to make a comment regarding the outcome of the case. 

The lawyer representing the Fisher Island Community Association, Sashi Bach, noted that the verdict “was a result of the committee working around the clock to get this deal done in the best possible way for Fisher Island.” Bach continued, “It is a phenomenal deal to get things on the right path forward.”

Getting Experienced Legal Assistance for South Florida Real Estate Litigation 

Are you involved in a real estate or construction litigation matter in South Florida? It’s important that you secure adequate legal representation as soon as possible to protect your best interests from the start of the case. 

Contact Feinstein Real Estate Litigation & Business Law today to learn more about how we can help you pursue a favorable verdict. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). Our team is available now to provide you with immediate assistance.

When a person owes fiduciary duty to another person, they are called a fiduciary and are typically responsible for the management of that person’s assets or money. Their duties can be broken down into 5 separate, distinct, and yet yet equally important responsibilities. 

Failure to meet one’s fiduciary duty when managing the assets or finances of another person may be legally actionable. Here’s what to know and where to get legal support. 

1. The Duty of Care 

Fiduciaries have a specific duty of care, which means they must commit to acting in good faith, being honest, and to exercise reasonable care in the completion of their tasks. 

2. The Duty of Loyalty 

Fiduciaries have a duty of loyalty to their principals. They must put their principal’s financial interests ahead of their own and make decisions based on the best interests of their principals. 

For example, if an investment manager decided to invest in a particular stock that might benefit him more than his client, the investment manager may be held accountable for breach of fiduciary duty. 

3. The Duty of Confidentiality 

Fiduciaries are required to maintain confidentiality about the financial dealings of their principals. They may not disclose information that isn’t already public or that they have not been given express permission to share. Confidentiality must not be compromised at any point in the fiduciary relationship. 

4. The Duty of Accounting  

Fiduciaries must use industry-standard, appropriate accounting methods to track all of their principal’s financial transactions. A fiduciary has the responsibility of ensuring that all transactions made in the name of the principal are lawful and to ensure that the principal’s assets are safeguarded and properly accounted for.

5. The Duty of Obedience 

Fiduciaries must act in accordance with guidelines set forth by their principals. For example, the treasurer of an association or organization must adhere to the rules and bylaws established by the organization, even if the fiduciary disagrees with them. 

Get Help With Breach of Fiduciary Duty & Other Business Litigation Matters 

If you believe you may have been impacted by a breach of fiduciary duty, don’t hesitate to reach out to Feinstein Real Estate Litigation & Business Law. We have the skills and experience needed to represent all types of cases, including high-net worth and contentious business litigation. Call now for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).