Fort Lauderdale FLORIDA

ABOUT Andrew J. Marchese

Andrew brings a distinctive combination of litigation skills to his practice, developed during his legal career in South Florida. He represents various individuals, private and public companies, and non-profit entities in a broad range of business matters. Andrew has represented hundreds of condominium associations, homeowners associations, directors, officers and property managers in claims ranging from breach of fiduciary duty, breach of the declaration, real estate liens, real property document disputes, Fair Housing Act (FHA) and HUD claims. His extensive directors & officers practice has given him significant experience with all types of claims in this arena.

Andrew's practice also consists of complex litigation with an emphasis on the defense of non-medical professionals, including attorneys, architects and engineers, directors and officers, insurance brokers and title agents. Additionally, he represents employers in litigation and providing them advice and counsel concerning a variety of employment-related matters. Andrew has handled the defense of employment law cases in federal and state courts and before various administrative agencies. He has defended employers in claims alleging discrimination, violation of federal and state employment-related statutes, wrongful discharge, breach of contract and related tort claims. Andrew also has experience with ADA public accomodation cases.

In 1990, Andrew graduated from the University of Maryland (College Park) where he received his Bachelor of Arts Degree in Criminal Justice/Pre-Law. He then went onto obtain his juris doctor from The Thomas M. Cooley School of Law (cum laude), graduating in the top ten percent of his class.

Year Joined

2003

Thought Leadership

Third District Court of Appeal holds that mother of developmentally disabled child has no standing to sue university legal clinic for malpractice.

Professional Liability
April 1, 2019
The mother of Brittany Oliver, a developmentally disabled person, appealed the trial court’s final order dismissing the second amended complaint with prejudice against the University of Miami School of Law’s Children & Youth Law Cl Case Law Alerts, 2nd Quarter, April 2019

Third-party purchaser may not be liable for assessments accrued prior to the date the purchaser takes title to a property.

Professional Liability
October 2, 2015
Over the past two years, there has been much debate over the interpretation and applicability of F.S. 720.3085 regarding the past due assessments owed by a third-party purchaser who acquires a residence through the foreclosure process. Case Law Alerts, 4th Quarter, October 2015

Third-party purchaser may not be liable for assessments accrued prior to the date the purchaser takes title to a property.

Professional Liability
October 2, 2015
Over the past two years, there has been much debate over the interpretation and applicability of F.S. 720.3085 regarding the past due assessments owed by a third-party purchaser who acquires a residence through the foreclosure process. Case Law Alerts, 4th Quarter, October 2015

Investor is not liable for past due assessments owed to the HOA by its predecessor in interest

Professional Liability
July 6, 2015
The Westwood Gardens Homeowner’s Association (HOA) demanded that the investor who purchased two single-family residences at a foreclosure sale pay the HOA for all past due assessments, including those incurred by its predecessor in interest. Case Law Alerts, 3rd Quarter, July 2015

Florida district court holds that bank is entitled to prevailing party attorney’s fees under F.S. 718.303(1) in foreclosure action.

Real Estate E&O Liability
Professional Liability
October 18, 2013
In these consolidated cases, Ocean Bank (Bank) appealed two orders that denied its request for attorney’s fees against Caribbean Towers Condominium Association (Association). Case Law Alert, 4th Quarter 2013

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Classes/Seminars Taught

Contemporary Litigation Issues for the Claims Professional , Marshall Dennehey Client Presentation, September 21, 2015

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Areas of LAW

  • Professional Liability

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