Diamond Resort

Diamond Resorts v Neally Law

Case Number: 6:20-cv-01516

Last Updated: May 7, 2021

Status

Jury Trial set for 11/01/2022

Location

USDC, Middle District of Florida (Orlando)

Presiding Judge

Hon. Wendy W. Berger

Date Filed

08/20/2020

Highlights

Diamond sued cancellation law firm, alleging that the use of attorneys and law firms can “easily be abused.”

Case Posture

Claims:

Diamond’s Complaint alleges violations of the Lanham Act, Florida Deceptive and Unlawful Trade Practices, tortious interference, and civil conspiracy against Missouri-resident timeshare contract cancellation attorneys and affiliated marketing companies.

Posture:

Pending ruling on Defendants’ motion to dismiss.

Summary:

Diamond alleges that defendants falsely guarantee the ability to cancel timeshare contracts and scare customers into believing their heirs will inherit their timeshare obligations, and interfere with Diamond contracts with Diamondowners by instructing Diamond owners to stop paying their mortgage; Defendant attorneys are co-conspirators because they send Letters of Representation to Diamond that are ineffective and intended to deceive Diamond owners into believing that any legal cancellation of their ownership is possible. Diamond alleges that the use of attorneys and law firms can “easily be abused. For example, Neally and Neally Law typically send a letter of representation to developers like [Diamond] to prevent Plaintiff from communicating directly with its customers and to cause debt collection efforts to be directed to Neally and Neally Law, as the customer’s representative, so the customers are not aware of the consequences of what is occurring.”

Diamond concedes that “[w]hile it is true that non-payment may result in contract cancellation, [the] same can be accomplished without hiring Defendants or paying exorbitant fees, and same will result in negative credit consequences, if not also adverse tax consequences, foreclosure, or potentially being sued.”

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Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

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Parties

Plaintiff:

DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC

Plaintiff’s counsel:

Greenspoon Marder, LLP.

Defendants:

JOSHUA DAVID NEALLY; NEALLY LAW, LLC
Pro se

NATIONWIDE TRANSFER, LLC;
Peter Charles Vilmos and Gennifer Lynn Bridges of Burr & Forman, LLP

RSI, LLC.
Christian W. Waugh of Waugh Law, P.A

JRD TRAVELS, LLC – default entered

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