Banco Indus. De Venezuela, C.A. v. De Saad, 3D08-1713.

• Court: Florida District Court of Appeals
• Writing for the Court: Suarez
• Citation: Banco Indus. De Venezuela, C.A. v. De Saad, 21 So.3d 46 (Fla. App. 2009)
• Decision Date: 16 September 2009
• Docket Number: No. 3D08-1713.,3D08-1713.
• Parties: BANCO INDUSTRIAL DE VENEZUELA, C.A., Miami Agency, etc., and BIV Investments and Management, Inc., etc., a/k/a BIV Inversores y Promotores, Appellants/Cross-Appellees, v. Esperanza DE SAAD and Joseph Beeler, P.A., Appellees/Cross-Appellants.

21 So.3d 46 BANCO INDUSTRIAL DE VENEZUELA, C.A., Miami Agency, etc., and BIV Investments and Management, Inc., etc., a/k/a BIV Inversores y Promotores, Appellants/Cross-Appellees,
v.
Esperanza DE SAAD and Joseph Beeler, P.A., Appellees/Cross-Appellants. No. 3D08-1713. District Court of Appeal of Florida, Third District. September 16, 2009. Rehearing and Rehearing En Banc Denied December 2, 2009.

[21 So.3d 47]

Hogan & Hartson, Carol A. Licko, Richard C. Lorenzo, Mark R. Cheskin, and Brian L. Lerner, Miami, and Jessica L. Ellsworth, Washington, D.C., pro hac vice, for appellants/cross-appellees.

William L. Richey; H. Eugene Lindsey and Milton M. Ferrell, Miami, for appellee/cross-appellant, Joseph Beeler; Petros & Elegant and William L. Petros, Coral Gables; Hicks, Porter, Ebenfeld & Stein and Mark Hicks, Dinah S. Stein and Shannon Kain, Miami, for appellee/cross-appellant, Esperanza de Saad.

Before SUAREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.

SUAREZ, J.

Banco Industrial De Venezuela, C.A. ("Banco"), and BIV Investments and Management, Inc. ("BIV"), appeal a final summary judgment in favor of Esperanza de Saad ("de Saad") and Joseph Beeler, P.A. ("Beeler"), in an action for statutory indemnification and breach of contract. We affirm the trial court's grant of final summary judgment on both the count for statutory indemnification and the count for breach of contract.

FACTS AND PROCEDURE BELOW

De Saad is the former vice-president and general manager of Banco's Miami agency, BIV. As part of an undercover sting operation involving a U.S. Customs confidential informant, de Saad was alleged to have facilitated the deposit of approximately $4 million in drug proceeds into BIV accounts. On May 19, 1998, the United States charged de Saad with ten counts of money laundering and one count of conspiracy to launder money while acting in her capacity as the vice-president of BIV. De Saad retained the services of attorney Beeler to represent her in the criminal proceedings. As part of their fee agreement, de Saad assigned Beeler her right to seek indemnification for attorney's fees and costs under sections 607.0850(1) and (3), Florida Statutes (1999). After a lengthy trial in which the jury found her guilty on all counts, the trial judge granted de Saad's motion for judgment of acquittal as to all counts finding that the United States had failed to prove all of the necessary elements of the alleged crimes. The United States filed an appeal of the trial court's acquittal. Seven months after her acquittal, de Saad was charged and pled

21 So.3d 48

guilty to one count of money structuring on the condition that the government drop the appeal of the judgment of acquittal on the money laundering and conspiracy charges. The government dropped the appeal. De Saad then sought from BIV her past wages pursuant to her contract of employment and also sought indemnification for attorney's fees incurred in her defense of the money laundering and conspiracy charges. BIV denied both claims.

De Saad then filed the present state court action against BIV. Her amended complaint seeks statutory indemnification pursuant to section 607.0850 to recover the costs and attorney's fees in defending the money laundering charges and claims past wages based on breach of her Employment Contract with BIV.¹ Beeler filed a complaint in...