Offices
12140 Carissa Commerce Court
Suite 200
Fort Myers, FL 33966
Tel: 239.433-7707
Fax: 239.433-5933
999 Vanderbilt Beach Road - Suite 501
Naples, FL 34108
Naples, Florida 34103
Tel: 239.552.3200
Fax: 239.514.2146
|
(Shareholder)
mwhitt@becker-poliakoff.com
Professional Experience
Mr. Whitt concentrates his litigation practice in the areas of Business and Real Estate related disputes He has undertaken complex litigation on behalf of developers, lenders, governmental entities, individuals, corporate insurers, manufacturers, contractors, subcontractors, materials suppliers, and community associations. He has extensive trial experience in the areas of business litigation, construction litigation, mortgage and construction lien foreclosure actions, zoning and land use, boundary and title disputes, eminent domain (for both condemning authorities and property owners), housing discrimination, defense of ADA claims, community association litigation and all types of contract disputes.
Mr. Whitt has extensive experience in business and real estate litigation. A representative sample of cases is below:
- Defended a $2 million+ counterclaim asserted by a golf course owner/operator against a utility provider in an eminent domain case. Obtained an order on the eve of trial in the client's favor resulting in payment of prevailing party attorney's fees and costs to the client.
- Represented numerous property owners in eminent domain with combined benefits obtained for clients well into the seven figures in excess over the amounts offered by condemning authorities.
- Obtained permit approvals for two separate property owners/mine operators in Charlotte County, Florida despite intense opposition from neighboring owners, environmental groups and County staff. Both cases followed multi-day contested evidentiary hearings.
- Defeated a $2 million+ claim by a participating bank against a lead bank based on alleged breaches of the Participation Agreement and claims of fraud, resulting in a voluntary dismissal of the claim.
- Foreclosed on a failed condominium project with an eight-figure value, despite a vigorous defense and counterclaims, securing the collateral for the lender.
- Represented a School Board in two separate actions against developers claiming an exemption from the school impact fee ordinance. Both cases settled favorably with the School Board's collection of seven-figure impact fees on both projects.
- Defended two condominium associations charged by the U.S. Government with housing discrimination under the Fair Housing Amendments Act. One case resulted in a defense verdict in favor of the Association and the individual Board members named as defendants following a lengthy federal court trial. The other case resulted in a voluntary dismissal of the discrimination case by the U.S. Attorney's Office only days before the federal court trial was set to commence.
- Defeated a Petition for Appointment of Plenary Guardian over a substantial estate with the court involuntarily dismissing the Guardianship Petition.
Activities & Memberships
Mr. Whitt serves on the Eminent Domain Committee for The Florida Bar and is a member of the Real Property, Probate, and Trust Section of The Florida Bar. He is a member of the Real Estate Investment Society, a public policy organization for members of the real estate industry in Southwest Florida, and served as a Barrister member of the Calusa Chapter American Inns of Court. He frequently writes, blogs and lectures on community association, business, eminent domain and real estate law issues, and has lectured at the University of Miami’s Annual Cluster Housing Institute.
Mr. Whitt is also actively involved in his community in myriad ways, including serving as a member of the Board of Trustees for the Southwest Florida Symphony.
Bar Admissions
Florida, 1987
Court Admissions
United States Circuit Court of Appeals, Eleventh Circuit
United States District Court, Middle District Education
J.D., Nova University, 1987
B.A., Northern Kentucky University, 1984
|
