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FLORIDA RECORD

Tuesday, October 15, 2024

Plaintiff alleges breach of fiduciary duty against law firm over condominium association dispute

State Court
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A legal storm has erupted in Florida as a resident takes on a law firm and an attorney, accusing them of serious professional misconduct. Chris Gittens filed a complaint against Kaye Bender Rembaum, P.L., and Shawn G. Brown in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on October 3, 2024. The lawsuit alleges that the defendants failed to adequately represent him in a derivative action brought on behalf of Regatta Beach Club Condominium Association Inc.

The roots of this case stretch back to November 2019 when Chris Gittens retained Kaye Bender Rembaum (KBR) and its attorney Shawn G. Brown to represent him in a derivative action involving the Regatta Beach Club Condominium Association. The case was initially filed on May 8, 2020, but soon became mired in controversy due to alleged missteps by the defendants. According to Gittens, Brown and KBR failed to schedule court-ordered mediation within the required timeframe and allowed dual representation conflicts to persist without objection. These failures are said to have weakened Gittens' position significantly during settlement negotiations.

Gittens claims that his attorneys' negligence went further when they did not respond appropriately to discovery requests, leading to an "agreed contempt order" being issued against him without his knowledge or consent. He accuses Brown of prioritizing his own interests over those of his client by cooperating with opposing counsel at critical junctures without consulting him. This betrayal allegedly placed Gittens at risk of sanctions and compromised his ability to negotiate effectively during mediation sessions held much later than ordered by the court.

The plaintiff is seeking damages for breach of fiduciary duty from both Brown and KBR. He argues that their actions resulted in diminished property value at Regatta Beach Club Condominium Association Inc., emotional distress over three years, and excessive legal fees incurred due to their alleged misconduct. Furthermore, he reserves the right to amend his complaint for punitive damages under Florida Statutes chapter 768.72.

Chris Gittens is representing himself in this matter. The case is presided over by Judge Ken Burke with Case ID: 24-004418-CI.

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