Weston, FL (PRWEB) December 20, 2013
Attorneys Alex Rosenthal and Amanda Jassem Jones of Rosenthal Law Group recently prevailed in court against Martino Tires Co. of Flamingo Falls and its president, Anselme “Andy” Martino. The firm filed a claim for breach of commercial lease and guaranty in the case DDRM Flamingo Falls LLC, plaintiff Vs. Martino Tires Co. of Flamingo Falls, dba Goodyear Tire, and Anselme Martino, aka Andy Martino, Defendants (Case NO: 10-39515CACE12 in the Circuit Court in and for the 17th Judicial Circuit, in and for Broward County, Florida).
According to court documents, the case arose out of a lease agreement entered by Martino Tires in 2000 for an auto repair facility in Pembroke Pines, Florida. Court documents indicate that after the parties entered into the lease and guaranty, the property was sold several times and the lease was subsequently assigned by each owner as a part of each property sale.
In 2009, legal documents state that Martino Tires vacated the leased premises and ceased paying rent. Several months later the landlord changed the locks, took back possession of the premises, and eventually found a replacement tenant; however, market rent was obtained for significantly less than the lease rate in the Martino Tires’ lease. The landlord filed a suit against Martino Tires for damages arising out of breach of the lease and against Andy Martino personally for breach of guaranty.
Court records show that Martino Tires claimed that the landlord had improperly retaken possession of the property without legal process, but the claim was unsuccessful at trial. According to court records, Andy Martino claimed that the guaranty was not enforceable against him personally and that the landlord did not have standing to sue on the guarantee because he was not specifically assigned by the prior owner to it as a part of the assignment of the lease.
The trial court rejected the defenses, court documents state, particularly the guarantor’s argument that the guaranty was not enforceable against him and that the landlord didn’t have standing to enforce the guaranty despite the fact that the lease assignments did not specifically mention the guaranty as being assigned. According to legal records, the landlord was awarded a judgment for damages of nearly $695, 999.53 against Martino Tires and Andy Martino.
Rosenthal Law Group is a business litigation law firm located in Weston, Florida. The firm is recognized as one of the top rated business litigation law firms in the state and is AV® Rated by Martindale-Hubbell®. Alex Rosenthal is distinguished as one of the “Best Lawyers in America®” for 2010 through 2013 for commercial litigation. He has been recognized in the Miami Herald as one of South Florida’s Top Lawyers for 2011 and 2012, he was recently named a Fellow of the Litigation Counsel of America®, and he has a 10.0 Superb Rating from Avvo. To contact the firm directly regarding a business litigation matter, call (877) 378-5953 or visit the firm’s website online at http://www.rosenthalcounsel.com.