Practice Areas

Founded on Tradition and Integrity
Building on Commitment and Service

Complex Commercial And Business Litigation

Commercial litigation is the part of business law that deals with business disputes. This business dispute may be one between two businesses or between a person and a business. There are various causes that lead to commercial litigation, i.e. breach of contract, covenants not to compete, shareholders' derivative actions, fraud, employment discrimination, RICO, etc. This litigation is often if often referred to as complex due to the complex questions of law and fact often involved in such matters. Furthermore, since the stakes are usually high, both sides spear no expense to present the best possible case and both sides get the best possible lawyers involved.

Frost Van den Boom & Smith's complex commercial litigation practice is built on a trial tradition rare among firms of our size. The firm has a long tradition of great litigators and great litigation. We are a firm that knows how to be tenacious, a firm that knows how to turn every stone. Our philosophy is simple: consistent courtroom excellence. Excellence is essential to client satisfaction in the resolution of high stakes commercial disputes. While we recognize that most important commercial cases should be and are resolved by settlement, and pride ourselves on the creativity we bring to the settlement process, we firmly believe that the best settlements result not only from creative lawyering throughout the pretrial period, but also from a demonstrated trial capability and a readiness to take any case to trial.

Our trial team is equipped with state of the art litigation technology that enables us to respond to the demands of our clients, work closely and efficiently with in-house counsel and experts and help control the substantial costs of litigating complex commercial cases.

The breadth and success of a complex commercial practice, which intersects with our other litigation practice areas and draws on the expertise of members of other key firm practices such as medical malpractice, products liability, and personal injury - is well demonstrated by our repeat engagements in several areas. The following is a sample list of clients we represented successfully during their litigation process:

• Alturas Packing Company
• APAC-Southeast, Inc., subsidiary of Old Castle Southern Group
• Barton Malow Southern, Inc.
• Bartow Chevrolet
• Bartow Ford
• Bartow Steel, Inc.
• Boardwalk and Baseball, Inc.
• Boardwalk Land Development, Inc.
• Breed Technologies, Inc.
• Brenda Nestor Costellano
• Brindley Construction Co., Inc'/Brindley-Janus Joint Venture
• Bynum Transport
• C.C. "Doc" Dockery
• Cattleman's Feed & Ranch, Inc.
• Centerstate Bank
• Centex Homes
• Century 21
• Clear Springs Land Company
• Coleridge Corporation
• Comcar Industries, Inc.
• Comcar Leasing, Inc.
• Commercial Carrier
• Community National Bank at Bartow
• Cornerstone Businesses, Inc.
• Cornerstone Team, Inc.
• CTL Distribution, Inc.
• Cypress Gardens Adventure Park
• DL Investments, LLC
• Envisors, Inc.
• Fleetwood Homes of Florida, Inc.
• Gunster Yoakley Valdes-Fauli & Stewart, P.A.
• Hudson Pumps
• Indian River Transport
• Jack M. Berry, Inc.
• John J. Jerue Trucking
• JKC
• K.D.L. Underground & Development, Inc.
• Kenworth
• Key Safety Systems, Inc.
• Liberty National Life Ins, Co.
• Master Machine
• Mechanical Systems, Inc.
• Miller Buildings, Inc.
• River Ranch Property Owners Association, Inc.
• Rockmont Capital, LLC
• Sabal Transport
• Smithbilt
• Southeastern University, Inc.
• Tata Tea Global
• United Investors Life Ins. Co.
• Terry Bollea a/kJa Hulk Hogan
• Voigt Irrigation
• Westlake Miller, LLC
• Willis Shaw Exp., Inc.
• Winter Haven Hospital

Representative Cases

Holbrook v. Infinity Auto Ins. Co.,

23 SO.3d 117 (Fla. 2d DCA 2009)

Dockery v. Hood,

889 SO.2d 221 (Fla. 1st DCA 2004)

U.S. Boring & Tunneling, Inv. V. Proc Robinson Enterprises, Inc.,

593 SO.2d 326 (Fla. 5th DCA 1992)

Segal v. Davidson,

508 SO.2d 394 (Fla. 2d DCA 1987)

Pirelli Pneus L TOA v. Gunn,

Slip Copy, 2010 WL 5490933 (Fla. Dec. 2010)

Baltodano v. CTL Distribution, Inc.,

820 SO.2d 421 (Fla. 3d DCA 2002)

John Deere Co. v. Thomas,

522 SO.2d 926 (Fla. 2d DCA 1988)

Pfeiffer v. City of Bartow,

3 So.3d 330 (Fla. 2d DCA 2008)

Estate of McKinney v. Sofka,

585 SO.2d 1201 (Fla. 2d DCA 1991)

Interfirst Federal Sav. Bank v. Burke,

672 So.2d 90 (Fla. 2d DCA 1996)

Cox v. Uttle Sabine, Inc.,

938 SO.2d 526 (Fla. 1 st DCA 2006)

AIU Ins. Co. v. Reese,

498 SO.2d 966 (Fla. 2d DCA 1986)

U.S. Boring and Tunneling, Inc. v. Proc Robinson Enterprises, Inc.,

633 SO.2d 118 (Fla. 5th DCA 1994)

Polk County v. Sofka,

730 SO.2d 389 (Fla. 2d DCA 1999)

Windsor v. Gibson In and For St. Johns County,

424 SO.2d 888 (Fla. 1 st DCA 1982)

Hendry Corporation v. Phoenix Assurance Company of New York,

277 SO.2d 532 (Fla. May 1973)

The Florida Bar v. Warren,

661 SO.2d 304 (Fla. Oct. 1995)

Jaffe & Hough, P. C. v. Baine,

29 SO.3d 456 (Fla. 2d DCA 2010)

Music v. Hebb,

744 SO.2d 1169 (Fla. 2d DCA 1999)

Amendment to Rules Regulating The Florida Bar Rule 4-1.18, Client-Lawyer Relationships in Family Law Matters,

662 So.2d 1246 (Fla. Nov. 1995)

Central and Southern Florida Flood Control District v. Deadwyler,

319 SO.2d 114 (Fla. 2d DCA 1975)

Henderson v. Southern Cucumber Co., Inc.

478 SO.2d 520 (Fla. 2d DCA 1985)

Harrell v. Mayberry,

754 SO.2d 7422000 (Fla. 2d DCA 2000)

Board of County Com'rs of Polk County, Fla. V. Aetna Cas. and Sur. Co.,

604 SO.2d 850 (Fla. 2d DCA 1992)

The Florida Bar v. Schoonover,

662 So.2d 1237 (Fla. Nov. 1995)

Swindell v. Crowson,

712 So.2d 1162 (Fla. 2d DCA 1998)

Willis Shaw Exp., Inc. v. Hilyer Sod, Inc.,

849 SO.2d 276 (Fla. Mar. 2003)

Cypress Aviation, Inc. v. Bollea,

826 SO.2d 1091 (Fla. 2d DCA 2002)

Powell v. River Ranch Property Owners Ass'n, Inc.,

522 So.2d 69 (Fla. 2d DCA 1988)

Paparone v. Lake Placid Holding Co.,

438 So.2d 155 (Fla. 2d DCA 1983)

Department of Corrections v. Ratliff

552 So.2d 302 (Fla. 2d DCA 1989)

Doe ex reI. Doe v. Public Super Markets, Inc.,

814 So.2d 1249 (Fla. 2d DCA 2002)

Moore v. Winter Haven Hosp.,

579 SO.2d 188 (Fla. 2d DCA 1991)

State, Dept. of Transp. v. Smithbilt Industries, Inc.,

715 SO.2d 963 (Fla. 2d DCA 1998)

Pinnacle Corp. of Cent. Florida, Inc. v. Jernigan Sandblasting & Painting, Inc.,

718 SO.2d 1265 (Fla. 2d DCA 1998)

Brocato v. Health Options, Inc.,

811 So.2d 827 (Fla. 2d DCA 2002)

Amendment to Florida Rule of Juvenile Procedure 8.100(a),

667 SO.2d 195 (Fla. Jan. 1996)

Fleetwood Homes of Florida, Inc. v. Reeves,

833 SO.2d 857 (Fla. 2d DCA 2002)

The Florida Bar v. Leslie,

664 So.2d 961 (Fla. Dec. 1995)

Mondello v. Liberty Mut. Ins. Co.,

507 So.2d 1178 (Fla. 2d DCA 1987)

Campbell Soup Co. v. Roberts,

676 SO.2d 435 (Fla. 2d DCA 1995)

Amendments to Florida Bar Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800,

675 SO.2d 1374 (Fla. June 1996)

The Florida Bar v. Lister,

662 SO.2d 1241 (Fla. Nov. 1995)

W.A.N. v. School Bd. of Polk County,

504 So.2d 529 (Fla. 2d DCA 1987)

Polk County v. Sofka,

702 SO.2d 1243 (Fla. Sept. 1997)

Hilyer Sod, Inc. v. Willis Shaw Exp. Inc.,

817 So.2d 1050 (Fla. 1 st DCA 2002)

Dockery v. Hood,

922 SO.2d 258 (Fla. 1st DCA 2006)

Polk County v. Sofka,

675 SO.2d 615 (Fla. 2d DCA 1996)

The Florida Bar v. Becerra,

661 SO.2d 299 (Fla. Oct. 1995)

Paparone v. Bankers Life & Cas. Co.,

496 SO.2d 865 (Fla. 2d DCA 1986)

Polk County v. Sofka,

803 So.2d 751 (Fla. 2d DCA 2001)

The Florida Bar v. Gordon,

661 SO.2d 295 (Fla. Oct. 1995)

Public Health Trust of Dade County v. Lopez,

531 So.2d 946 (Fla. June 1988)

AlliedSignal Recovery Trust v. AlliedSignal, Inc.,

934 SO.2d 675 (Fla. 2d DCA 2006)

Breed Technologies, Inc. v. AlliedSignal, Inc.,

861 SO.2d 1227 (Fla. 2d DCA 2003)

Clark v. Polk County,

753 SO.2d 138 (Fla. 2d DCA 2000)

The Florida Bar v. York,

689 SO.2d 1037 (Fla. Sept. 1996)

The Florida Bar v. Schramek,

670 So.2d 59 (Fla. Feb. 1996)

Atlantic Nat. Bank of Florida v. Vest,

480 SO.2d 1328 (Fla. 2d DCA 1985)

American Intern. Group, Inc. v. Cornerstone Businesses, Inc.,

872 SO.2d 333 (Fla. 2d DCA 2004)

Lotenfoe v. Park,

747 SO.2d 422 (Fla. 2d DCA 1999)

Reeves v. Fleetwood Homes of Florida, Inc.,

889 SO.2d 812 (Fla. Dec. 2004)

Chase Bank of Texas Nat. Ass'n v. State Dept. of Insurance,

860 SO.2d 472 (Fla. 1st DCA 2003)

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Westwind Transp., Inc.,

442 SO.2d 414 (Fla. 2d DCA 1983)

Hazen v. Allstate Ins. Co.,

952 So.2d 531 (Fla. 2d DCA 2007)

Malloy v. Gunster, Yoakley, Valdes-Fauli & Stewarl, P.A.,

850 So.2d 578 (Fla. 2d DCA 2003

General Matters v. Paramount Canning Co.,

382 SO.2d 1262 (Fla. 2d DCA 1980)

Frost v. Boss,

908 SO.2d 483 (Fla. 4th DCA 2005)

Amendments to Rule 4-6. 1 of the Rules Regulating the Florida Bar-Pro Bono Public Service,

696 SO.2d 734 (Fla. May 1977)

Amendments to the Florida Rules of Appellate Procedure,

685 SO.2d 773 (Fla. Nov. 1996)

Ashland Oil, Inc. v. Florida Dept. of Transp.,

352 SO.2d 567 (Fla. 2d DCA 1977)

Amendments to Rules Regulating the Florida-Bar Rule 5-1. 1 (e)-IOTA,

692 SO.2d 181 (Fla. April 1997)

Florida Power Corp. v. Gulf Ridge Council,

385 So.2d 1155 (Fla. 2d DCA 1980)

Boyette v. Carden,

347 SO.2d 759 (Fla. 1st DCA 1977)

The Florida Bar v. Florida Financial Group, Inc.,

695 SO.2d 275 (Fla. March 1997)

Phoenix Assur. Co. of New York v. Hendry Corp.,

267 SO.2d 92 (Fla. 2d DCA 1972)

Macasphalt Corp. v. General Development Corp.,

353 SO.2d 878 (Fla. 3d DCA 1977)

In re Amendments to Rules Regulating The Florida Bar,

677 SO.2d 272 (Fla. June 1996)

York Ins. Co. v. Becker,

364 SO.2d 858 (Fla. 2d DCA 1978)

In re Amendments to the Florida Small Claims Rules,

682 SO.2d 1075 (Fla. Oct. 1996)

Commercial Litigation

Our commercial litigation practice covers a broad spectrum. We handle breach of contract suits, will contests, injunctions to enforce restrictive covenants, mortgage foreclosures, construction liens and collections, corporate or partnership dissolutions, shareholder actions, agency matters, sports and entertainment issues and lawsuits for specific performance for the purchase of real estate.   We also have a significant litigation practice in matters relating to eminent domain as well as general business litigation, employment-related matters and general business matters.

Our firm has built a reputation as effective civil trial attorneys with a successful history in countless types of claims.  We know the court personnel in our region, and we know how to select a jury; how to prepare for trial; and how to present the kind of compelling evidence that assists today's sophisticated jurors clarify the issues and decide a case.  With Board Certification in Civil Trial Practice as well as Business Litigation Practice, Attorney John Frost has the experience to lead our trial attorneys in every litigation setting.

Our firm's relationship with our community gives us a thorough understanding of the cultural factors that influence jurors' points of view.  This invaluable insight helps our clients throughout the region achieve successful outcomes.