Dean A. Morande

Appellate Decisions

• Thomas v. HSBC Bank, No. 5D09-445 (Fla. 5th DCA Oct. 27, 2009). Secured affirmance of final summary judgment of foreclosure.
• Briarwood Shopping Center, LLC v. Lowe’s Home Center, Inc., No. 2D08-3982 (Fla. 2d DCA Oct. 7, 2009). Successful defense of judgment requiring the repurchase of a $13,500,000 piece of commercial real estate.
• Hoving v. Lawyers Title Ins. Corp., No. 09-0103 (6th Cir. July 29, 2009). Obtained denial of petition for interlocutory appeal of class certification in putative multistate class action alleging overcharging for title insurance premiums.
• Montgomery v. Larmoyeux, 14 So. 3d 1067 (Fla. 4th DCA 2009). Obtained partial reversal of section 57.105 award.
• Oak Square Joint Venture v Brand Properties IV, LLC, 9 So. 3d 620 (Fla. 1st DCA 2009). Secured decision upholding judgment refusing to enjoin redevelopment of property into a commercial retail shopping center based on alleged violation of a joint cross-access agreement.
• Milligan v. K & M Properties of Florida, LLC, 7 So. 3d 543 (Fla. 4th DCA 2009). Affirmance of lower court judgment regarding mediation settlement agreement governing commercial real estate purchase.
• Dolgencorp, Inc. v. Winn-Dixie Stores, Inc., 988 So. 2d 1287 (Fla. 5th DCA 2008). Secured affirmance of trial court’s decision determining the enforceability of a grocery exclusive as a real property covenant running with the land.
• Goldberg v. Merrill Lynch Credit Corp., 981 So. 2d 550 (Fla. 4th DCA 2008). Successfully defended dismissal of two class actions, consolidated for purposes of appeal, alleging that national lenders were engaging in the unauthorized practice of law by charging document preparation fees in preparing closing documents.
• Lopez v. Rica Foods, Inc., 277 Fed. Appx. 931 (11th Cir. May 14, 2008). Obtained reversal of dismissal with prejudice of action involving securities fraud and common law fraud.
• Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). Secured reversal of order refusing to recognize shopping center grocery exclusive as a real property covenant enforceable against subsequent tenants.
• Esque Real Estate Holdings, Inc. v. C.H. Consulting, Ltd., 940 So. 2d 1185 (Fla. 4th DCA 2006). Successfully defended order refusing to set aside foreclosure sale.
• City of West Palm Beach v. Visionair, Inc., 199 Fed. Appx. 768 (11th Cir Sept. 25, 2006). Obtained reversal of order remanding case to state court.

Representative Litigation Matters

Real Property Litigation

• Represented major national retailer in enforcement of real property restrictive covenant (shopping center exclusive).

Class Action Litigation

• Defended several class actions, including during class certification proceedings and initiating and defending interlocutory appeals of class certification decisions.
• Contributor to the firm’s Class Action Blog, posting entries for all meaningful class actions decisions issued out of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Southern District of Florida.

Telecommunications Litigation

• Litigated numerous federal lawsuits on behalf of major wireless telecommunications providers aimed at curbing the illicit bulk resale of wireless phones.

Corporate Litigation

• Participated in litigation over the enforcement of a shareholders’ agreement, corporate recognition of shareholder status, and shareholder distributions.