Miami - Examples of Expert Witness Testimony and Litigation Support

Iowa District Court for Polk County (2001)
Hunter Hotel Company, represented by Roger Stetson, Esquire of Belin, Lamson, McCormick, Zumbach, Flynn

Kathy Conroy MAI, a Director-Partner in the HVS Miami Office, testified for the Hunter family regarding the valuation of the Clearwater Beach Hotel in Clearwater, Florida relative to the buyout of a member of the ownership family. The family member being bought out presented a different value opinion to the Court. The Court rendered a final opinion at the Conroy number, finding her work to be by far the more credible of the appraisal work done.

United States Bankruptcy Court, Middle District of Florida (2001)
Sandy Lake Properties (DIP)/ Arbor Commercial Mortgage (lender) represented by Roy Kobert of Broad and Cassel

Kathy Conroy MAI, a Director-Partner in the HVS Miami Office, testified on behalf of the lender who sought relief from the bankruptcy stay in order to proceed with a foreclosure. The property was an operating hotel. In order for the Court to conclude at Conroy’s numbers, the Court would effectively be deciding to close the hotel operation, so that the creditors did not lose any more money. Bankruptcy Judge Karen Jennemann had never taken such an action in her career. However, in this case, Jennemann concluded at Conroy’s numbers, resulting in the closure of the hotel and the lifting of the stay for the lender to move forward on the foreclosure.

Sunterra Resorts (2002)

The HVS Miami office personnel provided expert valuation support for a Chapter 11 bankruptcy filing for all the Sunterra timeshare resorts in the United States.

District Court of the Virgin Islands, Division of St. Thomas and St. John (2002)
Various property taxpayers, including Equivest St. Thomas Inc. (a division of Fairfield) vs. the Government of the Virgin Islands, the Tax Assessor, and the Board of Tax Review. Equivest was represented by Chad Messier of Dudley, Topper & Feuerzeig

This was a major consolidated trial in the Virgin Islands regarding property tax litigation and other common issues. Kathy Conroy MAI, a Director-Partner in the HVS Miami Office, testified as to the ad valorem valuation of three separate hotel and timeshare resorts owned by Equivest in St. Thomas. Conroy also testified to the Court regarding the inadequacy of the current property tax code in the Virgin Islands to enable any professional to arrive at a reasonable valuation based on the limitations inherent in the code.

The Court found in favor of the taxpayers, and also concluded a final value opinion equal to Conroy’s numbers relative to all of the Equivest properties.

Maxim Hotel & Casino, Las Vegas (2003)

The HVS Miami office personnel provided expert support for a proposed timeshare project regarding the calculation for lost profits.

Resort Inns, Georgia (2004)

In a Savannah, Georgia Bankruptcy Court, John Lancet, a Director-Partner in the HVS Miami office gave testimony regarding the valuation of the hotel relative to a Chapter 11 filing.

Polo Towers, Las Vegas, Nevada (2005)

The HVS Miami office personnel provided expert valuation support regarding the loss of revenue at Polo Towers in Las Vegas due to an outbreak of Legionnaires disease.

Pond Bay PRC, St John, USVI (2005)

The HVS Miami office personnel provided expert opinions regarding the valuation of the Pond Bay Private Residence Club in St. John, USVI as related to a dispute among the equity shareholders.

Charles Hotel Group, Miami Beach Florida (2005)

Testimony by John Lancet, a Director-Partner in the HVS Miami Office, in the State Circuit Court regarding the valuation of 4 hotels in Miami Beach, Florida owned by Charles Group relative to a shareholder dispute.

Aqua Sun Investments, Inc. (2006)

The HVS Miami office personnel provided expert valuation support relative to various Florida timeshare developments owned by Aqua Sun Investments, Inc.

Sovereign Hotel, Miami Beach, Florida (2004)

Testimony by John Lancet, a Director-Partner in the HVS Miami Office, in the Southern District of Florida Bankruptcy Court regarding the value of the hotel. The court ruled with the value opinion rendered by Lancet.

Wyndham Vacation Ownership Music City, Nashville (2007)

The HVS Miami office personnel provided litigation support regarding an ad valorem valuation issue for Wyndham Vacation Ownership resort in Nashville, Tennessee.

Proposed Hard Rock Condo-Hotel, Las Vegas (2008)

The HVS Miami office personnel provided litigation support relative to the presales percentage requirement typical of condominium hotel projects under construction in the 2004 to 2008 time frame.

Seaside Resort, Key West, Florida (2009)

Testimony by Kathy Conroy MAI, a Director-Partner in the HVS Miami Office, on the value of the property as a fractional ownership resort in a Chapter 11 bankruptcy reorganization.

Celebrity Resorts, Kissimmee, Florida (2011)

John Lancet, a Director-Partner in the HVS Miami Office, provided testimony on behalf of Celebrity Resorts relative to the valuation of their timeshare properties regarding a Chapter 11 reorganization. The court accepted the Lancet value opinions over those of the opposing side.

Island One Resorts, Orlando, Florida (2011)

John Lancet, a Director-Partner in the HVS Miami Office, provided testimony on behalf of Island One Resorts in a Chapter 11 reorganization.

Tempus Resorts, Orlando, Florida (2011)

John Lancet, a Director-Partner in the HVS Miami Office provided testimony on behalf of Tempus Resorts in a Chapter 11 reorganization. His valuation of the unsold inventory at the Mystic Dunes Resort and Golf Club was adopted by the Bankruptcy Judge of the Middle District of Florida- Orlando, Division, Honorable Karen S. Jennemann, when the Chapter 11 plan of reorganization of Tempus Resorts International, Ltd and its affiliated companies was confirmed on April 20, 2011 by the United States Bankruptcy Court.