FMG attorneys Jessica Farrelly and Jessica Cauley prevailed at a bench trial on behalf of their client, a non-profit private golf and country club, in the defense of a complaint alleging claims for breach of…
FMG attorneys Jessica Farrelly and Jessica Cauley prevailed at a bench trial on behalf of their client, a non-profit private golf and country club, in the defense of a complaint alleging claims for breach of contract, violation of Florida Statute 720.305(2), breach of the Club’s governing documents, and injunctive relief. The case concerned the suspension of Plaintiff’s membership following the Club’s receipt and investigation of a complaint of alleged sexual harassment committed by Plaintiff against staff. Plaintiff claimed his suspension was improper and in violation of Florida law and the Club’s governing documents because he was not given 14 days’ notice of his suspension. FMG defeated Plaintiff’s Motion for Summary Judgment by providing the facts in support of the Club’s investigation and its justification for taking prompt remedial action.
At the subsequent trial, the Court denied Plaintiff’s request to exclude all evidence regarding the Club’s investigation of Plaintiff’s conduct. In doing so, the Court determined the Club acted reasonably and justifiably and the circumstances warranted an exception to the strict 14-day notice requirement before suspension. Judgment was entered in favor of FMG’s client on all counts, and the Court further determined that, as the prevailing party, FMG’s client was entitled to recover its reasonable attorneys’ fees and costs.
Joseph Koscal v. Highland Woods Golf & Country Club, Inc., Civil Action No. 23-CA-007419, Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida
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