Mr. Levine is a shareholder in the firm and chairs the Firm's statewide Business Litigation Practice Group. He is AV® Preeminent™ 5.0 out of 5 rated (the highest level attainable) by Martindale Hubbell, and has extensive trial and appellate experience having practiced in Florida since 1981.
Mr. Levine’s litigation experience includes:
- Business and Contract litigation
- Condominium Hotel disputes
- Hotel acquisition and hotel management transition
- Commercial foreclosures and workouts
- Real estate litigation
- Title insurance claims
- Disputes relating to land acquisition, title, easement rights
- Construction liens and payment bond claims
Mr. Levine has experience assisting buyers in acquiring traditional Hotels and Condominium Hotels, is experienced in hotel management transition, including financial issues related to employee severance, vacation pay, bonuses, Worker Adjustment and Retraining Notification Act (WARN) notices, and union collective bargaining agreements.
Mr. Levine has experience regarding challenges to the Condominium Hotel development scheme, allocation of expenses between the Hotel Owner and the Condominium Association and disputes related to maintenance and operation of the Shared Facilities.
Mr. Levine has considerable experience regarding violations of:
- The Interstate Land Sales Full Disclosure Act (ILSA) and the Department of Housing and Urban Development (HUD) regulations interpreting ILSA,
- The Condominium Act,
- The Homeowners Association Act,
- Real Estate Tax Disclosure requirements, and
- Community Development District disclosure requirements.
Mr. Levine also has significant experience litigating shareholder and partner disputes, non-competition agreements, and tortious interference with advantageous business relationship claims; Condominium and Homeowner’s Association board control disputes; wrongful death, products liability, auto negligence, and personal injury lawsuits.
Notable Client Accomplishments
Obtained a judgment, that was affirmed on appeal in Wyndham Vacation Resorts, Inc. v. Ocean Walk Resort Condominium, Inc., which held for the first time in Florida that a timeshare developer was also a condominium developer subject to the mandatory control transfer provisions of the condominium act, thus thwarting the developer’s ability to control the condominium association board.
Successfully appealed Van Hook v. The Residences at Coconut Point, LLC, where the Eleventh Circuit Courts of appeals reversed the lower court's determination, and held that the contractual language relied upon by the lower court did not disqualify the developer from being exempt under ILSA, thus preventing buyers from backing out of their real estate purchase contracts.
Successfully obtained a decision published in Wigand v. West City Partners, Inc., where the Federal District Court for the Southern District of Florida prevented 42 of the 43 plaintiffs who sued the condominium developer from bringing their breach of contract and ILSA claims in one lawsuit.
Successfully obtained a decision in Kraft v. The Residences of Coconut Point, LLC, where the Federal District Court for the Middle District of Florida ruled the condominium developer maintained sufficient records to assert the investor exemption to ILSA requirements, thus preventing buyers from backing out of their real estate purchase contracts.
Combined 108 class actions on behalf of 108 condominium associations and their unit owners, in a lawsuit against the owner of a recreation lease, which resulted in the successful buyout of the recreation lease at a substantially reduced price.
Successfully defended real estate developers against lawsuits by numerous buyers asserting revocation of purchase contracts due to alleged violations of The Interstate Land Sales Full Disclosure Act (ILSA), the Condominium Act, and the Homeowner's Association Act.
Successfully assisted buyers in navigating issues related to traditional Hotel and Condominium Hotel acquisition.
Activities & Memberships
Mr. Levine serves on the Broward County Bond Review Committee which coordinates implementation of Broward County 's Recovery Zone Bond Program. Recovery Zone Bonds were created under the American Recovery and Reinvestment Act of 2009, an act established by the United States Congress under President Barack Obama's Economic Stimulus Program initiative.
He has held several leadership positions at the Broward Alliance including serving as a member of the Board of Directors, Investors Council, and as chair of its Business Development Committee. The Alliance is the public/private economic development arm of Broward County whose mission it is to build a stronger more diversified economy in Broward County and the South Florida Region. As a result of his involvement, Mr. Levine received the Florida Economic Development Council's Richard L. McLaughlin Award which recognized his contributions to economic development in Florida.
Media
Mr. Levine was interviewed on National Public Radio on May 15, 2010 regarding an appellate victory.