
The Florida Third District Court of Appeal unanimously affirmed a directed verdict for a homeowner, ruling that condo associations must prove causation with competent evidence, not speculation.
The Florida Third District Court of Appeal unanimously upheld a trial victory for a condominium owner who was sued by his association over alleged water damage. The decision, issued July 29, reinforces that associations must present competent evidence of causation, not speculation, to prevail on such claims.
Perez Mayoral, P.A., a Coral Gables law firm that represents homeowners exclusively, announced the ruling. The case is Grandview Palace Condo. Ass'n v. Judge, No. 3D25-0458. Firm co-founder Erik Perez won a directed verdict at trial after arguing that the association failed to identify the source of the leak or prove that the homeowner's washing machine or water heater caused the damage.
The association's theory required the jury to stack inferences, the trial court agreed. The Third District affirmed the judgment and ruled that the homeowner is entitled to recover appellate attorney's fees.
"This case demonstrates the importance of experienced trial advocacy and the ability to defend a trial victory through the appellate process," Perez said. "Our client was sued by his condominium association, which was represented by Gray Robinson, one of the ten largest law firms in Florida. We held the association to its burden of proof, obtained a directed verdict, and successfully defended that judgment on appeal."
The appellate court described the association's theory as "a bridge too far" and reiterated that "mere speculation, suspicion, surmise, or conjecture is not enough" to establish liability. The decision confirms that associations pursuing water damage claims must present competent, admissible evidence proving both the source of the leak and causation.
Perez Mayoral's appellate team, Julie Mayoral and Michael Mayoral, handled the appeal alongside Perez. The firm said it will return to the trial court to seek recovery of all attorney's fees and costs available under Florida law.
The ruling strengthens protections for Florida homeowners facing litigation from their HOAs and condominium associations. It also serves as a warning to associations that pursue damage claims without solid evidence. For property owners, the case underscores the value of experienced legal representation from trial through appeal, especially when opposed by large firms.
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