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Overview
Business owners understand what it takes to build and sustain a successful enterprise: hard work and dedication. Carlos Kelly brings that same understanding to his practice, serving as a staunch advocate for businesses and property owners when their interests require protection in court, arbitration, or other tribunals. He is admitted to practice in all Florida state courts and the U.S. District Courts for the Middle and Southern Districts of Florida.
With decades of litigation experience, Carlos represents business clients in partner and shareholder disputes, fraud and intentional interference claims, and a wide range of contract-based matters. His practice also includes eminent domain and inverse condemnation litigation, Bert J. Harris, Jr., Private Property Rights Protection Act claims, purchase and sale disputes, real estate broker and agent defense, and commercial landlord-tenant matters.
Carlos’s work has been consistently recognized by his peers. He has been named a Top Lawyer in business litigation, eminent domain, and condemnation law by Naples Illustrated from 2018 through 2025. He has also been selected to Florida Super Lawyers® from 2021 through 2025 and recognized nationally by Best Lawyers in America® for commercial litigation for 2025–2026.
Carlos is a sought-after speaker on eminent domain and condemnation law, with a particular focus on best practices for preparing appraiser witnesses in condemnation cases. He has presented for The Florida Bar’s Eminent Domain Committee, The Florida Bar’s City, County & Local Government Section, the Florida Association of County Engineers & Road Superintendents, Half Moon Education, Inc., and the West Coast Florida Chapter of the Appraisal Institute.
He is also a frequent author on business litigation and eminent domain topics. His work has been published by the American Bar Association and The Florida Bar Journal, and one of his articles has been cited by the Supreme Court of Florida and the Cardozo Law Review. Carlos has contributed many posts to the firm’s Legal Scoop on Southwest Florida Real Estate blog and Southwest Florida Business Blog.
Carlos has been a valued member of Henderson Franklin since 1997 and currently serves on the firm’s Marketing Committee. His leadership roles have included serving as Chair of the Business Litigation Department, as Chair of the Summer Associate Program, and as Co-Chair of the firm’s Mentoring and Training Committee. Outside the office, Carlos enjoys physical training, following Florida State football, and classic black-and-white detective films from the 1940s and 1950s.
Professional and Civic Affiliations
Carlos is deeply engaged in the Southwest Florida community, serving as Vice Chairman of SalusCare, Inc.’s Board of Directors and previously as Board Chair of The IMAG History & Science Center. Carlos also co-founded P.E.A.K., a business roundtable bringing together professionals from diverse industries.
Carlos’ professional service includes six years on the Board of Governors of the Young Lawyers Division of The Florida Bar and service on Grievance Committee “D,” where he served as vice chair. Locally, he has served in several leadership positions with the Lee County Bar Association, including Chair of the General Civil and Business Litigation Practice Section, and he regularly writes a column for the LCBA magazine, Res Gestae.
Representative Matters
- Defended a real estate brokerage and real estate agent sued in state court on claims of fraudulent misrepresentation and fraudulent concealment of alleged defects in residential real property. The plaintiffs sought $700,000 in damages, plus punitive damages, along with attorneys’ fees and costs. Carlos obtained summary judgment against plaintiffs on their two claims against the brokerage and the agent. Judge’s ruling cited key undisputed facts established through depositions of plaintiffs and cited case law identified in motion for summary judgment.
- Tried a breach of contract case as co-counsel, in which the judge awarded damages against opposing party of $6,267,901 immediately upon conclusion of two-day bench trial. Defendant had breached a long-term contract, forcing the client to seek replacement long-term contract with a third party at a significant price increase. Delivered the opening argument and cross-examined defendant’s site manager. The judge’s findings included certain specific key words and concepts used in cross-examination of defendant’s site manager.
- Represented condemning authority in acquiring approximately 4.5 acres of fee simple and easement interests in state court. Tried case as lead counsel in six-day jury trial in which owner’s two appraisers had prepared reports claiming damages of $5,073,600 and $6,331,700, respectively. After five days of trial, culminating in cross-examination of owner’s second/final appraiser witness, owner’s counsel requested a settlement conference. Despite condemning authority also having potential exposure to owner’s attorneys’ fees of at least $1,061,000 and costs of $210,000 (for a total potential exposure of over $6.5 million in damages, attorneys’ fees, and costs), case settled for $2.4 million, which included all of owner’s attorneys’ fees and costs. Especially noteworthy, as part of settlement, owner conveyed the fee simple interest for the remaining approximately 15.7 acres to the condemning authority.
- Represented real estate brokerage and agent in defending lawsuit alleging a variety of claims, including negligence. Obtained favorable testimony from a non-party deponent, causing the opposing parties to request a settlement conference. Opposing parties ultimately accepted less than 3.5% of their claimed damages to dismiss and settle all claims with prejudice.
- Represented condemning authorities in acquiring parcels for electric transmission facilities, electric substation, and road construction.
- Represented business owner in defending against proposed road widening. Condemning authority changed plans to minimize impact to client property.
- Represented property owner in negotiating a settlement of the taking of property for a governmental facility. Negotiated sale price to condemning authority that was $600,000 (or 50%) more than condemning authority’s highest appraisal.
- Represented owner of agricultural property in defending against proposed taking for drainage facilities. Condemning authority decided not to seek client property and did not file condemnation action.
- Represented owner of income property in defending against proposed taking to widen road. Condemning authority decided to alter plans to avoid taking client property.
- Represented (as co-counsel) local government in successfully defending against a claim under the Bert J. Harris, Jr., Private Property Rights Protection Act and a claim for a regulatory taking. Plaintiff sought $10,900,000.00. Local government obtained summary judgment, which was upheld on appeal.
- Represented (as co-counsel) owners of trade secrets against former colleagues who claimed no trade secrets existed. Obtained favorable settlement after favorable rulings on client’s motion to amend to seek punitive damages.
- Represented business and its owner sued by a plaintiff who claimed an ownership interest in the entity. Raised various formation defenses and ultimately obtained favorable settlement.
- Represented business owners in dispute with co-owner over multi-million dollar commercial property; obtain settlement retaining ownership of property for clients and ousting co-owner.