Motion for New Trial as to STEIN Defendants
“Plaintiff, JULIAN BIVINS as Personal Representative of the ancillary Estate of Oliver
Wilson Bivins (“the Estate”), by and through undersigned counsel, and pursuant to Federal Rule
of Civil Procedure 59, hereby files its Motion for New Trial as to only Keith Stein, Beys Liston Mobargha & Berland, LLP f/k/a Beys Stein Mobargha & Berland, LLP, and Law Office of Keith B. Stein, PLLC n/k/a Stein Law, PLLC (collectively, the “Stein Defendants”) and in support thereof provides the following Memorandum of Law.”
of Civil Procedure 59, hereby files its Motion for New Trial as to only Keith Stein, Beys Liston Mobargha & Berland, LLP f/k/a Beys Stein Mobargha & Berland, LLP, and Law Office of Keith B. Stein, PLLC n/k/a Stein Law, PLLC (collectively, the “Stein Defendants”) and in support thereof provides the following Memorandum of Law.”
Source of above quote and Full Motion for New Trial as to STEIN Defendants. READ IT ALL
Memorandum of Law and TONS of Good Information for you to KNOW
A Look at the Complaint and Allegations of Breach of Fiduciary Duty, Professional Negligence regarding the professional services of Keith Stein.
“The Law Offices of Keith B. Stein, PLLC n/k/a Stein Law, PLLC (hereinafter,
"Stein Law Firm") is a professional limited liability company doing business in Palm Beach
County, Florida with its principal place of business in New York. Keith B. Stein is the sole
member of the Stein Law Firm.”
"Stein Law Firm") is a professional limited liability company doing business in Palm Beach
County, Florida with its principal place of business in New York. Keith B. Stein is the sole
member of the Stein Law Firm.”
“Stein, Beys, and Stein Law Firm committed tortious acts in Palm Beach County, Florida which resulted in the causes of actions under this complaint causing injury to the Estate of the Deceased Ward in Palm Beach County, Florida. Stein, Beys, and the Stein Law Firm expected or should reasonably have expected to have consequences in Palm Beach County, Florida because they each derived substantial revenue from the legal services they provided Rogers and Kelly from New York to Florida.”
“In or about October 2012, Rogers also engaged Keith Stein of Beys to partition the
808 Lexington property (“New York litigation”).
808 Lexington property (“New York litigation”).
Prior to initiating the partition action of 808 Lexington, Stein, who was not a
litigator, had only prepared, at best, one prior partition action in the course of his more than two
decades of practice.”
litigator, had only prepared, at best, one prior partition action in the course of his more than two
decades of practice.”
“143. Stein represented both Rogers and Kelly in their capacity guardians for Oliver Sr.
with the full knowledge and understanding that Oliver Sr. was the intended beneficiary of his legal services.
144. During the guardianship, Stein undertook to provide legal services to the guardianship. At all times Stein held himself out as competent in the areas of law for which he was retained to provide representation.
145. Stein was required to exercise the same legal skill as a reasonably competent
attorney and to use reasonable care in determining and implementing a strategy to be followed to achieve the guardianship’s goals.
146. In the course of handling legal matters for the guardianship, Stein negligently failed
to act with the degree of competence generally possessed by attorneys in the State of Florida who handle similar matters. The guardianship paid Stein a substantial amount of money for the sole purpose of representing the guardianship.
147. Stein was negligent and/or committed malpractice in the following ways:
(a) By failing to perform proper due diligence of the value of 808 Lexington and 67th Street,
Ocean Boulevard or the London Property to properly evaluate the fairness of the New York
Settlement;
(b) By failing to advise the guardianship regarding the clear discrepancy in the values of
the properties involving in the New York Settlement;
(c) By advising the client to enter into the New York settlement against the best interest of
the guardianship;
(d) By failing to advise the guardianship to take action against Oliver Jr. to collect rents
and taxes owed by the Estate of Lorna or Oliver Jr.;
(e) By failing to advise the guardianship to ensure that rental income from 808 Lexington
was used to pay down the Beachton mortgage;
(f) By failing to arrange for commercially reasonable substitute financing for the Beachton
mortgage, as opposed to preventing such an alternative unless it also included financing to
cover attorney’s fees for himself, his firm, and the guardians and their other counsel;
with the full knowledge and understanding that Oliver Sr. was the intended beneficiary of his legal services.
144. During the guardianship, Stein undertook to provide legal services to the guardianship. At all times Stein held himself out as competent in the areas of law for which he was retained to provide representation.
145. Stein was required to exercise the same legal skill as a reasonably competent
attorney and to use reasonable care in determining and implementing a strategy to be followed to achieve the guardianship’s goals.
146. In the course of handling legal matters for the guardianship, Stein negligently failed
to act with the degree of competence generally possessed by attorneys in the State of Florida who handle similar matters. The guardianship paid Stein a substantial amount of money for the sole purpose of representing the guardianship.
147. Stein was negligent and/or committed malpractice in the following ways:
(a) By failing to perform proper due diligence of the value of 808 Lexington and 67th Street,
Ocean Boulevard or the London Property to properly evaluate the fairness of the New York
Settlement;
(b) By failing to advise the guardianship regarding the clear discrepancy in the values of
the properties involving in the New York Settlement;
(c) By advising the client to enter into the New York settlement against the best interest of
the guardianship;
(d) By failing to advise the guardianship to take action against Oliver Jr. to collect rents
and taxes owed by the Estate of Lorna or Oliver Jr.;
(e) By failing to advise the guardianship to ensure that rental income from 808 Lexington
was used to pay down the Beachton mortgage;
(f) By failing to arrange for commercially reasonable substitute financing for the Beachton
mortgage, as opposed to preventing such an alternative unless it also included financing to
cover attorney’s fees for himself, his firm, and the guardians and their other counsel;
(g) By failing to pursue action against Beachton to have its mortgage deemed satisfied or
Released;
(h) By failing to advise the guardianship regarding the usurious interest charged by
Beachton;
(i) By charging and taking from the guardianship excessive attorney’s fees;
(j) By taking large sums of money under the guise of retainers without accounting or
documentation therefore; and
(k) By failing to account to the Court or to Julian regarding the failure to comply with the
terms of the Global Settlement Agreement as the closing agent.
148. As a direct and proximate result of Stein’s negligence and/or malpractice, the Ward
sustained damages. “
“O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm (“Counsel for
Rogers”) represented Rogers, in his capacity as guardian for Oliver Sr., in connection with the
New York Settlement and thereafter.”
Rogers”) represented Rogers, in his capacity as guardian for Oliver Sr., in connection with the
New York Settlement and thereafter.”
“O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm represented Kelly
(“Counsel for Kelly”), in his capacity as successor guardian for Oliver Sr.”
(“Counsel for Kelly”), in his capacity as successor guardian for Oliver Sr.”
“Beys Liston Mobargha & Berland, LLP f/k/a Beys Stein Mobargha & Berland, LLP
and The Law Offices of Keith B. Stein, PLLC n/k/a Stein Law, PLLC are vicariously liable for the
negligence of their attorneys including Stein.”
and The Law Offices of Keith B. Stein, PLLC n/k/a Stein Law, PLLC are vicariously liable for the
negligence of their attorneys including Stein.”
“WHEREFORE, the Plaintiff, JULIAN BIVINS, as Personal Representative of the ancillary
Estate of Oliver Wilson Bivins, deceased, requests the Court award damages against Defendants Rogers, O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm and such other relief as the Court deems just and proper, including an award of attorneys’ fees and costs against Defendants.”
Estate of Oliver Wilson Bivins, deceased, requests the Court award damages against Defendants Rogers, O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm and such other relief as the Court deems just and proper, including an award of attorneys’ fees and costs against Defendants.”
Source, Amended Complaint, Read the Full Complaint to get an idea of STEINS role.
READ ALL OF THESE DOCUMENTS FOLKS. It will help you to get a deeper understanding of the Issues that so many Face in the Florida Guardianship Courts.
Entry 419, Motion for a New Trial, Memorandum of Law
STEIN Defendants Motion in Opposition of New Trial
More on the Landmark Guardian Case JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS
https://julianbivinsfloridaguardianshipcase.blogspot.com/
AND
Ongoing Document with Court Filings and information regarding this case.
https://docs.google.com/document/d/10s5ECcJoYh0XJkKoI92LD35vpk0mXamwA4_cE9mzWqI/edit
No comments:
Post a Comment