Scott Cole Partner

Scott A. Cole is an AV Preeminent® rated attorney who provides counseling and defense to firm clients in a wide variety of civil litigation matters at trial and on appeal in all state and federal courts in Florida. Mr. Cole also has experience handling Errors and Omissions claims, including those brought against insurance brokers and agents.

Over the past 15 years, Mr. Cole has been the supervising partner of the firm’s appellate and legal issue group.  During that time, Mr. Cole has handled or supervised over 600 appeals. Mr. Cole has also participated in over 150 oral arguments. Mr. Cole is currently admitted to practice before the United States Supreme Court, the United States Eighth, Ninth and Eleventh Circuit Court of Appeals, the United States District Court for the Southern, Middle and Northern Districts of Florida, the Florida Supreme Court, and all appellate and trial courts within the State of Florida.

Mr. Cole has also tried over 50 cases to jury verdict in state and federal courts, including cases involving aviation, admiralty, bad faith and extra contractual liability, insurance coverage, securities litigation, professional malpractice, motor vehicle and trucking claims defense, premises liability and class actions. He has been recognized as a “Super Lawyer”, one of Florida’s “Top lawyers” and a member of the “Legal Elite” by his peers as indicated in various professional publications.

Mr. Cole earned a Bachelor of Arts Degree from the University of Florida, successfully completing the honors program in political science.  He subsequently studied international relations at the graduate level, also at the University of Florida.  He received his Juris Doctor degree from the University of Miami.  While attending law school, he received a series of honors and distinctions including being a member of The University of Miami Inter-American Law Review and representing the law school on the National Moot Court team.

Mr. Cole is a repeat speaker for several entities on various areas of law, including bad faith and extra contractual liability and appellate matters.

Mr. Cole served on the Professional Ethics Committee of the Florida Bar and as the Chair of a Florida Bar Grievance Committee. He has also served on various Miami-Dade County Bar Association Committees.

Some of Mr. Cole’s more recent reported appellate decisions include:

Privilege Underwriters Reciprocal Exchange  v. Clark, 174 So.3d 1028 (Fla. 5th 2015) (with Joe Kissane and Dan Duello, reversed declaratory judgment in favor of plaintiff nullifying $5 million jury verdict for Plaintiff)

R.L. Haines Const., LLC v. Santamaria, 161 So. 3d 528 (Fla. 5th DCA 2014) review denied, 171 So. 3d 120 (Fla. 2015) (reversed $2.4 million verdict in favor of plaintiff)

Intramed v. Guider, 93 So.3d 503 (Fla. 4th DCA 2012) (reversed $2 million verdict in favor of plaintiff)

Progressive Express Ins. Co. v. Anzualda Brothers, Inc., 42 Fla. L. Weekly D 351 (Fla. 1st DCA 2017) (reversed trial verdict in favor of plaintiff nullifying $1.7 million consent judgment)

Hurtado v. DeSouza, 166 So. 3d 831 (Fla. 4th DCA 2015)  (reversed $1 million verdict in favor of plaintiff)

L.A. Fitness International, LLC. v. Mayer, 980 So.2d 550 (Fla. 4th DCA 2008) (reversed $729,000 verdict in favor of plaintiff)

Fasani v. Kowalksi, 43 So.3d 805 (Fla. 3d DCA 2010) (reversed  $413,434 verdict in favor of plaintiff)

Ross Dress for Less Virginia, Inc. v. Castro, 134 So.3d 511 (Fla. 3d DCA 2014) (reversed trial court order holding defendant in contempt and sanctioning them for discovery violations by imposing a $200 a day fine; striking their pleadings, entering a default against them and allowing an amendment to the complaint for punitive damages by interlineation)

Gulliver Schools, Inc. v. Snay, 137 So.3d 1031 (Fla. 3d DCA 2013) (reversed trial court order granting plaintiff’s motion to compel enforcement of settlement agreement based upon violation of confidentiality agreement)

Finkel v. Batista, 202 So.3d 913 (Fla. 3d DCA 2016) (reversed trial court order granting plaintiff new trial after complete defense verdict)

Carnival Corp. v. Jimenez, 112 So.3d 513 (Fla. 3d DCA 2013) (reversed trial court order granting plaintiff new trial after favorable defense verdict)

Masztal v. City of Miami, 971 So.2d 803 (Fla. 3d DCA 2008) (affirmed trial court order vacating $7 million settlement)

McIntosh v. Progressive Design and Eng’g., Inc., 166 So.3d 823 (Fla. 4th DCA 2015), review denied, 177 So.3d 1269 (Fla. 2015) (with George Truitt, affirmed trial court order vacating $3.5 million verdict in favor of plaintiff)

Diaz v Home Depot, 196 So.3d 504 (Fla. 3d DCA 2016) (affirmed trial court order dismissing case for fraud)

Ramey v. Haverty Furniture Cos., 993 So.2d 104 (Fla. 2d DCA 2008) (affirmed trial court order dismissing case for fraud)

Hall v. West, 157 So.3d 329 (Fla. 2d DCA 2015) (affirmed final summary judgment in favor of bar/restaurant finding there was no general duty to prevent an intoxicated patron from driving away)

Osmulski v. Oldsmar Fine Wine, Inc., 93 So.3d 389 (Fla. 2d DCA 2012) (affirmed minimal final judgment in favor of plaintiff rejecting contention that trial court erred in denying plaintiff’s request for a spoliation jury instruction)

Robbins v. Garrison Property and Cas. Ins. Co., 809 F.3d 583 (11th Cir. 2015) (with Tom Scott and Brian Dominguez, affirmed a district court order limiting available PIP benefits to $2,500 absent a determination that injured person had an emergency medical condition)

Pottinger v. City of Miami, 805 F.3d 1293 (11th Cir. 2015) (with Tom Scott, affirmed a trial court order denying plaintiff attorney’s fees for favorable modifications to consent decree in class action brought on behalf of homeless persons)

 

Professional Associations & Memberships

  • Dade County Bar Association