Kim Ashby is a partner and litigation lawyer with Foley & Lardner Tampa LLP. She represents developers, contractors, and governmental entities on a range of complex litigation matters, including lenders and special services in CMBS foreclosures and workouts.
Representative Experience
Kim has handled more than 100 appeals in Florida’s Courts of Appeal Representative cases include:
- Florida Supreme Court’s decision that Chapter 558 Florida Statutes, addressing presuitent construction defect resolution does not require parties to engage legal counsel unless the commercial general liability policy specifically requires it. Altman v. Crum & Forester, 232 8. 3d 273 (Fla. 2017)
- Florida Supreme Court 7-0 decision to affirm the 5th District Court of Appeal on all issues, including the legal holding that “in peri delicto” did not apply to negate the effect of section 489.128, Florida Statutes, which renders void any contract which is performed by an unlicensed contractor when a contracting license is required for the scope of work. Earth Trades v. T&G Corporation, 108 So. 3d 580 (Fla. 2013)
- Affirmation of the appointment of a receiver in a CMBS foreclosure based on the record which showed the value of the property did not exceed the debt; the property was cash flowing; and the borrower was dissipating revenue from the property during suit. Reema Hospitality v. MSCI 2007-IQ13 Dike Road, LLC, 135 So. 3d 374 (Fla. 5th DCA 2014)
- Represented Appellants on the appeal of judgments for lender liability predicated on alleged oral agreements with the principal of the borrower which resulted in reversal and remand for entry of judgement in favor of all Appellants. Bankers Trust Co. v. Basciano, 960 So. 2d 773 (Fla. 5th DCA 2007)
- Represented the Orlando-Orange County Expressway Authority as petitioner for a writ of common law certiorari to review an injunction against the use of all traffic infraction remedies as a result of the breach of the transponder agreements for all toll roads in Seminole County. Orlando-Orange County Expressway Authority v. Baird, So. 2d (Fla. 5th DCA 2008)
