From Rosen v. Tiffany of Bal Harbour Condominium Ass'n, Inc., decided yesterday by the Florida Court of Appeal, in an opinion by Judge Monica ordo, joined by Chief Justice Ivan Fernandez and Justice Edwin A. Scales, III:
Rosen, a condominium owner at Tiffany, has previously filed a series of lawsuits alleging Tiffany was violating its association rules, depriving its condominium owners of their rights to elect members of the board, making defamatory comments about Rosen and more. In June 2018, Tiffany filed a complaint against Rosen seeking an injunction to prevent him from harassing, intimidating and attempting to control Tiffany's board of directors and staff. Rosen filed an answer, affirmative defenses and counterclaims. After Tiffany amended its complaint in February 2020, Rosen again filed an answer and affirmative defenses, this time raising thirty separate counterclaims. In the years between Tiffany's original complaint and amended complaint, Rosen filed over eighty motions, responses and letters with the trial court—many of which were irrelevant to the case, reasserted claims that were previously rejected, personally attacked opposing counsel and accused the presiding judge of misconduct.
Throughout the proceedings in the trial court, Rosen consistently engaged in overly contentious and litigious behavior. As an example, Rosen filed five motions to disqualify Tiffany's counsel, four motions to impose sanctions against Tiffany's counsel and nine motions to disqualify the different trial court judges assigned to the case. Because of the number of contentious filings by Rosen, the trial court was delayed in resolving the dispositive issues of the case and was often forced to reserve an entire day to hear and rule on pending motions. Rosen has also filed at least four petitions for a writ of prohibition before this Court. During this time, Tiffany filed a motion to show cause why Rosen should not be declared a vexatious litigant and/or required to have all future filings by him be made by a member of the Florida Bar in good standing.
