U.S. Senior District Judge Paul Huck, Florida Third District Court of Appeal Judge Frank Shepherd, Raul Valdes-Fauli of Fox Rothschild, Abigail Watts-Fitzgerald of Devine Goodman Rasco Watts-Fitzgerald, and solo practitioner Philip Brawner have taken their fight with their country club to court — small claims court, that is.
These plaintiffs are all members of the Riviera Country Club in Coral Gables, Florida, and have been for over 25 years, and they are 70 years old, or will be soon. According to the bylaws of their country club, this qualifies them for senior membership at the club. That means they lose their voting privileges, but their dues are frozen and the club will not charge them future assessments. Sounds good, right? Only one problem: now the club is sending them a $75 monthly charge. The club is calling the bill a capital fee and not an assessment, but the plaintiffs do not believe they should be charged the money.
After failing to resolve the matter internally or through arbitration, these legal eagles did what they do best — took it to court. They are seeking a declaratory judgment against the assessment of the fees. It makes sense that these judges and attorneys would put their faith in the system; it is their life’s work, after all. As Daily Business Review reports, Judge Shepherd feels confident the system will work fairly, even though there are a pair of judges at the top of the caption:
“I’m absolutely confident that whoever hears this particular case will call it as he or she sees it,” Shepherd said. “I’m a citizen of the state of Florida and Miami-Dade County just like anybody else, and if I have a friendly difference with somebody, which I do in this particular case, I should be able to exercise my rights just like anybody else.”
But Judge Huck gets credit for the best quip on this point. Self-depreciating, humorous, and completely on message — he certainly doesn’t think his position will get him a sweetheart deal in small claims court:
“I barely have clout in my own court as a senior judge, much less clout in somebody else’s court.”
Fair enough, Your Honor.
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Judges, Lawyers Suing Riviera Country Club Over $75 Fee [Daily Business Review via SDFLA Blog)