As Seen in The Real Deal: Judge Sides with Hotel Owner in Kimpton Miami Beach Ground Lease Dispute

Kluger Kaplan attorneys Abbey Kaplan, Philippe Lieberman, and Halyna Hnatkiv secured a significant win on behalf of hotel owner Chisholm Properties South Beach in a dispute over the iconic Kimpton Surfcomber Hotel in Miami Beach.

Miami-Dade Circuit Court Judge Thomas Rebull dismissed four of the five claims brought by Sean and Nicole Mirmelli in their attempt to terminate a 99-year ground lease tied to one of two parcels of land beneath the hotel. The ruling effectively denied the Mirmellis’ request to unwind the long-standing lease or appoint a receiver to manage the property.

The Mirmellis alleged that Chisholm, led by Robert Balzebre, had breached the lease through property alterations, liens, and a 2014 loan transaction. They also accused Chisholm of improperly including an estoppel letter with an alleged forged signature. Judge Rebull rejected these claims, noting they were either barred by the statute of limitations or not enforceable without Chisholm’s consent.

In a joint statement, Kaplan and Lieberman described the lawsuit as “a frivolous and misguided attempt to unwind a long-standing lease.”

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