David Borucke, Cole, Scott & Kissane, P.A. Photo

David Borucke




Mr. Borucke has over twenty-five years of appellate experience and has handled appeals in each of the five Florida District Courts of Appeal, the Florida Supreme Court, the federal Eleventh Circuit Court of Appeals, and the United States Supreme Court.

Published opinions include: People’s Trust Ins. Co. v. Tosar, 2021 WL 5912737 (Fla. 3d DCA 2021) (obtained reversal of order requiring a loss settlement payment contrary to policy); Express Damage v. Citizens, 320 So. 3d 305 (Fla.3d DCA 2021) (obtained affirmance of order compelling appraisal of insurance claim); NLR, Inc. v. Wycoki, 287 So. 3d 587 (Fla. 4th DCA 2019) (obtained reversal of judgment against voluntary membership corporation brought by former member); Berkeley Assurance Co. v. Expert Group Intl., Inc., 779 Fed. Appx. 604 (11th Cir. 2019) (obtained favorable summary judgment for carrier, and then appellate affirmance, in dispute over E&O coverage); Brevard Orthopaedic Spine & Pain Clinic v. Health First Medical Management, Inc., 130 So. 3d 274 (Fla. 5th DCA 2014) (affirmance of order denying attorney disqualification and setting forth test for contingent award of prevailing party appellate attorney’s fees); Central Square Tarragon LLC v. Great Divide Ins. Co., 82 So.3d 911 (Fla. 4th DCA 2011) (obtained reversal of adverse jury verdict in dispute over insurance proceeds arising out of property damage caused by hurricane Wilma); Vargas v. Enterprise Leasing Co., 60 So.3d 1037 (Fla. 2011) (obtained favorable decision in personal injury lawsuit involving questions of federal preemption of state strict liability laws); Danner Construction Company v. Hillsborough County, Florida, 608 F.3d 809 (11th Cir. 2010) (obtained reversal of order denying motion to dismiss in antitrust lawsuit involving waste management franchises); Stahl v. New World Communications of Tampa, Inc., 22 So.3d 553 (Fla. 2d DCA 2009) (obtained favorable summary judgment, and then appellate affirmance, for Fox News affiliate in defamation lawsuit).

Mr. Borucke’s litigation experience also includes complex commercial litigation, with a focus on antitrust and trade regulation and class actions.  He has extensive experience defending against claims brought under Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act, those alleging unfair and deceptive trade practices; and equivalent state laws.  This experience includes defending claims brought under the Telephone Consumer Protection Act and the Fair Credit Reporting Act.

Mr. Borucke also has experience assisting both U.S. and international clients with regulatory and compliance matters.  Experience includes reviewing proposed mergers, acquisitions, joint ventures, and licensing agreements for antitrust implications; assisting clients through the Hart-Scott-Rodino premerger notification process, including “second requests” issued by the DOJ and FTC; and work on supplier/distributor disputes, including dealer termination and Robinson Patman Act disputes.  His experience includes creating and implementing tailored compliance programs related to antitrust, consumer protection, unfair and deceptive trade practices, and health care.  Seminars conducted include:  “antitrust and intellectual property,” “the antitrust pitfalls of federal contract teaming arrangements,” and “antitrust basics for litigators.”

Mr. Borucke graduated with honors from the Washington College of Law, at the American University, where he was a member of the law review.  He received his undergraduate degree from the University of Virginia, where he was a member of the distinguished majors program in English literature




  • Washington College of Law, J.D.
  • University of Virginia, B.A.


  • Florida
  • Florida District Courts of Appeal
  • Eleventh Circuit Court of Appeals
  • U.S. Supreme Court
Jump to Page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.