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James W. Carpenter
Practice Areas:
Commercial Litigation
Creditors' Rights/Bankruptcy
Debtor-Creditor Law
Notable Client Work
- Key member of litigation team that recovered $13M and structured workouts from wrongdoers in bank fraud case related to luxury condominium project in Miami Beach
- Obtained recovery of full policy limits of $2M from home insurer for mold remediation claims without need for suit
- Successfully defended foreign trade zone against claims of fraud, negligence in providing storage facility services to bonded warehouse tenant
- Successfully defended commercial laundry wholesaler against claims for fraud and misrepresentations related to developments throughout Florida
- Successfully assisted title insurer in defending various title claims, obtaining relief against third parties
- Successfully defended trademark infringement claim and enforced trademark infringement claim against violator by obtaining permanent injunction
- Successfully enforced lease renewal clause, defended claims for usury, fraud relating to multimillion dollar lease renewal
- Recovered tax lien claims in bankruptcy for sum exceeding scheduled debt
- Successfully enforced numerous non-compete agreements with injunctive relief
- Represented clients including Eastman Kodak Company, First Union and Bank of America and other banking and asset management companies in collection and recovery of their loan portfolios in the South Florida area
- Represented GE Capital and other leasing companies enforcing contract rights relating to lease agreements
Cited and Relevant Cases:
- Technical Aid Corporation v. Tomaso, 814 So. 2d 1259 (Fla. 5th DCA 2002) - Successful appeal of trial court order requiring arbitration of non-compete clause with related company.
- SEDS, Inc. v. Hartford Fire Insurance Co., 724 So. 2d 1258 (Fla. 4th DCA 2000) - Favorable trial court judgment of multimillion dollar claim upheld; worked on trial and appeal.
- Kozich v. NCNB National Bank of Florida, 587 So. 2d 1173 (Fla. 4th DCA 1991) - Trial court foreclosure ruling upheld despite litigious litigant and repeated appellate activities.
- Fisher v. NCNB National Bank, 507 So. 2d 737 (Fla. 4th DCA 1987) - Trial court dismissal upheld regarding claim against bank on alleged account wrongdoing.
Education and Activities
- 1982: B.S., B.A. University of Florida
- Presented numerous Creditor-Oriented seminars through Florida Bar approved programs; Standing Member, Florida Bar Small Claims Rules Committee (2001- present); Founding Member, Florida Creditors Bar Association
- Admitted: Florida Bar (1987); United States District Court, Southern and Middle Districts (1987, 1991)
- Vice President of the Board, Florida’s Singing Sons Boychoir (2005-2007)
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