Widerman Malek Obtains Rare Victory at Trial

On November 2nd, 2018, Widerman Malek obtained an order granting its client’s motion for involuntary dismissal with prejudice.  This remedy is granted less than 0.1% of the time state-wide at the county level. This was a matter in which our client would have lost his business, and likely ended in financial ruin to himself and his family. The future of a family and their marina hung in the balance. There was zero margin for error against a well-funded and aggressive adversary.

Judgment was entered in favor of Widerman Malek’s client, Scorpion Marine Sales and Services, Inc. doing business and located at Port Canaveral, Florida. after the close of Plaintiff’s case-in-chief.  Scott Widerman argued in favor of involuntary dismissal of all claims. Scorpion Marine has been a family owned and operated marina servicing boats since September 25, 2002. Scorpion Marine has faced an onslaught of complex legal battles filed by the landlord, in a coordinated attempt to drive them off the property, for the purposes of multi-million dollar financial gain to redevelop the property by the landlord.

Scott Widerman and John Frazier, Jr. were the trial attorneys of record and have spent the entire year of 2018 preparing and litigating this complex contractual eviction matter until it was finally resolved at trial, in their client’s favor.

In the order, the trial court agreed with every point and argument raised by Mr. Widerman and Mr. Frazier and determined Scorpion Marine to be the prevailing party.  The trial lasted approximately three (3) days and was scheduled to continue for a remaining two (2) days. However, based upon Attorney Widerman’s argument for involuntary dismissal of Plaintiffs’ case, the trial court dismissed the Plaintiff’s claims without a single witness being put on the stand in defense of the allegations.  The trial court agreed with Attorney Widerman’s argument that the Plaintiff failed to meet its burden of proof in its case in chief, an extremely rare finding.

It should be noted that the attorneys, staff and paralegals at Widerman Malek performed exceptionally well during all phases of this case from intake through final judgment.

If you need assistance and counsel of experienced trial lawyers in reference to any civil litigation, feel free to contact Scott Widerman or John Frazier, Jr.

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