IN THE CIRCUIT COURT OF THE ELEVENTH （第十一巡回法庭的）.pdf

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ROD EISENBERG and ROD EISENBERG CASE NO.: 11-22415 CA 01 DEVELOPMENT CORP., d/b/a SADIGO COURT HOTEL, Plaintiffs, v. JEFFREY BERCOW and BERCOW RADELL FERNANDEZ, P.A., Defendants. __________________________________/ ORDER GRANTING MOTION TO STRIKE AND ENTERING JUDGMENT IN FAVOR OF THE DEFENDANTS THIS CAUSE came before the Court on May 15, 2014, for a full evidentiary hearing on Defendants’ Sworn Motion to Strike the Plaintiffs’ Complaint as a Sham. The Court, having heard argument of counsel and Mr. Eisenberg, and considered extensive exhibits, affidavits and transcripts admitted into evidence by the parties, as well as the testimony presented at the hearing, hereby makes the following findings of fact and conclusions of law. Introduction and Background Plaintiff Rod Eisenberg operated co-Plaintiff, The Sadigo Court, as an apartment complex from his initial purchase of the property until 2006. As explained by Mr. Eisenberg’s 2012 sworn testimony before Judge John Thornton in one of many ancillary matters arising from the same facts as this lawsuit,1 Mr. Eisenberg decided in 2006 to convert the property to a hotel after losing long term residents because of the property’s proximity to a dangerous local “crack 1 See composite transcript of January 5-6, 2012 evidentiary hearing in Eisenberg Dev. Corp. v. City of Miami Beach no. 11-20234 CA 15 C