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Overview
Scott concentrates his practice in the areas of civil, business and commercial litigation, including real estate litigation, boundary and border disputes, business torts, construction and lien law litigation, contract disputes, collections, foreclosures, and title insurance claims.
In addition, he represents insurance carriers, third-party administrators, and employers in the defense of workers’ compensation claims. Scott also handles appellate cases throughout the State of Florida. He is admitted to practice in the United States District Court for the Southern and Middle Districts of Florida, as well as the Eleventh Circuit Court of Appeals.
Scott also speaks and writes on construction-related topics. His most recent articles include:
- How to Pay Twice for Your Construction Project
- Florida’s Construction Lien Law: It’s Neither Horseshoes Nor Hand Grenades
- What Options Do Owners Have to Take Possession of Real Property in Florida?
- Residential Real Estate Contracts: the Hidden Surprise of Specific Performance
Scott was selected as one of Gulfshore Business Magazine’s and Business Observer’s (f/k/a Gulf Coast Business Review‘s) top “40 Under 40”, which recognizes bright, young business leaders, executives and professionals under the age of 40 who live and work in Pinellas, Hillsborough, Manatee, Sarasota, Charlotte, Lee and Collier counties. Naples Illustrated magazine also named Scott to their “Top Lawyers” list in 2018, and 2020-2022 for his work in Appellate and Business Litigation law.
A native of Florida, Scott resides in Naples with his wife and children and enjoys fishing and kayaking. He is also a founding member of Square One Improv, a comedy improv group performing throughout Southwest Florida.
Professional and Civic Affiliations
Scott is a Charter Fellow of the Construction Lawyers Society of America (“CLSA”) and is a member of the Trial Law Institute and Diversity Law Institute. He’s a board member for VillageWorx and a Collier County Eagle Board of Review member for the Boy Scouts of America. He’s a member of the USDC Middle District of Florida Grievance Committee, Collier and Lee County Bar Associations, Southwest Florida Federal Bar Association, and R.M. McDonnell Inns of Court. Scott also is active in various Florida Bar law-related education activities, including the Collier County Mock Trial program, where he coached and mentored students at Gulf Coast High School. Scott also gives presentations at local schools regarding the legal profession and the legal system in the United States.
Published Opinions
- Lazy Flamingo USA v. Greenfield, 834 So.2d 413 (Fla. 2d DCA 2003)
- Loidl v. I & E Group, 927 So.2d 1016 (Fla. 2d DCA 2006)
- Lanza v. Damian Carpentry, 6 So.3d 674 (Fla. 1st DCA 2009)
- In re Gallo, 573 F.3d 433 (7th Cir. 2009)
- Ellering v. Sellstate Realty Systems Network, Inc., 801 F. Supp. 2d 834 (D. Minn. 2011)
Representative Matters
- Represented a workers’ compensation insurance carrier concerning a claim for temporary partial disability (“TPD”) indemnity benefits. The carrier prevailed at the final hearing and the claimant then appealed the decision to the First District Court of Appeals (“DCA”). The DCA had previously written several conflicting opinions on whether receiving unemployment benefits result in an “offset” or “credit” or “reduce” of the amount of TPD indemnity benefits a claimant can receive at the same time he/she is receiving TPD indemnity benefits. This case resolved the prior conflicting decisions in favor of the employer and carrier thus reducing liability for exposure for TPD indemnity benefits when an injured employee is also receiving unemployment benefits. The DCA also clarified that this defense is not an affirmative defense which must be specifically plead in accordance with procedural rules.
- Successfully defended a developer that had been sued for damages in excess of $3 million for breach of contract and breach of fiduciary duty. After trial, the Court entered a complete defense verdict in favor of the developer.
- Represented a property owner that obtained a temporary and permanent injunction against a neighbor that had interfered with the property owner’s riparian rights to access and use a boat docking area. After obtaining the injunction, successfully obtained an order of contempt after the neighbor continued to violate the injunction.
- Successfully defended a franchisor against claims brought by a former franchisee seeking rescission and damages in excess of $500,000 for violations of franchise laws and breach of contract.
- Obtained defense judgment in favor of manufacturer who was sued for damages for breach of a commission agreement.