Greenspoon Marder Client Awarded Attorneys’ Fees and Costs in Complaint Filed Against Westgate Resorts

Jan 13, 2021

ORLANDO, FL – January 13, 2021 – Greenspoon Marder, on behalf of client Westgate, secured an award for attorneys’ fees and costs of nearly $70,000 in litigation as a result of a failed attempt by a putative class of timeshare owners. The class sought to use the litigation in the hopes of escaping their binding contractual obligations owed to Westgate.

The Plaintiffs originally filed an eight-count putative class action complaint, which they attempted to amend twice. In granting Westgate’s motion to dismiss the second amended complaint, the Court provided the Plaintiffs 14 days to file a third amended complaint “to correct the deficiencies noted herein, provided they can do so in good faith and in compliance with Rule 11 of the Federal Rules of Civil Procedure.”

The Plaintiffs did not file any further amended complaints, and instead filed a Notice of Voluntary Dismissal Without Prejudice. Westgate filed a motion seeking attorneys’ fees and costs arguing that it was the prevailing party in the litigation and entitled to attorneys’ fees pursuant to both the contract with the owners and one of the statutes upon which Plaintiffs’ claims were brought.

On January 5, 2021, the magistrate judge agreed with Westgate’s arguments and recommended that Westgate be awarded attorneys’ fees and costs in the amount of $69,686.25.

The Greenspoon Marder team consisted of partners Richard Epstein, Jeffrey Backman, and Kathryn Saft, senior counsel Tina Garcia and associates Julia Stepanova, Matthew Rapkowski and Olivia Share.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Client Awarded Attorneys’ Fees and Costs in Complaint Filed Against Westgate Resorts

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