Moise v. Ola Condominium Association, Inc.
In a condominium lien foreclosure action, the unit owner counterclaimed against the association's attorney for filing a false claim of lien (§ 817.535), FDCPA, and FCCPA (§ 559.72(9)) violations, alleging the attorney knew the association had assigned its collection rights to a third party. The Third DCA reversed the dismissal of the § 817.535 and FCCPA counts, holding the litigation privilege did not bar them where the attorney allegedly knew there was no basis to collect, and held the attorney was properly joined as a counter-defendant under Rule 1.170(h) on those counts; dismissal of the FDCPA count was affirmed because no original party was joined in that count.
Key facts
- Unit owner in a condominium association counterclaimed against the association's attorney for filing a false claim of lien and violations of the FCCPA and FDCPA, alleging the attorney knew the association had assigned its collection rights to a third party and therefore had no basis to proceed.
- The trial court dismissed all counterclaims, relying on the litigation privilege to bar the statutory claims.
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Why it matters
The opinion extends the Third DCA's Hollander line, confirming that association collection counsel cannot automatically invoke the litigation privilege to defeat FCCPA and section 817.535 claims when the complaint… — full analysis with a trial
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