Suit Accuses Greenberg Traurig of Malicious Prosecution

The owner of a Florida dental technician business has sued Greenberg Traurig for malicious prosecution after the state supreme court sided with her in an eviction case.

Marina Del Toro claims the law firm, partner Craig Barnett and their landlord client filed suit to evict her company for improper reasons, the Daily Business Review reports. She alleges the case was wrongly filed in county court, even though the circuit court had jurisdiction. She also claims she never reached a lease termination agreement and the defendants knew allegations in the suit were false, according to the story.

Del Toro's lawyer, David Charlip, told the Daily Business Review that Greenberg Traurig lawyers were "either grossly negligent and incredibly stupid, or this was very well thought out and well-conceived to derive something that they could not otherwise legally derive."

The story recites the background of the case. The landlord had sought to oust Del Toro’s business from a building in Hallandale Beach, Fla., to make way for a condo-hotel and spa. The landlord offered to give six months of free rent and pay for the move. Del Toro countered that she wanted $95,000, then upped the amount to more than $261,000. After several months, the landlord agreed, but Del Toro once again increased her demands. The landlord sought and obtained an eviction.

Ruling in the underlying eviction case, the Florida Supreme Court said the landlord improperly sought the eviction in county court, and agreed there was no valid agreement terminating the lease.

The landlord has filed a counterclaim to Del Toro's suit alleging breach of contract and tortious interference, according to the story.