Notable Cases

Settlement reached: The Carr Law Firm, P.A., litigated a case in federal court that involved allegations of breach of contract, trademark and copyright infringement, unfair competition, trade secrets and deceptive and unfair trade practices. On July 17, 2014, AVANTCARE, INC., ROGERS W. KIRVEN, JR., ACCESS HEALTH PARTNERS, LLC, FIFTY K GROUP, LLC, PURICORP HOLDINGS, LLC, DECLINOL LLC, PURIDONE LLC and APIQUEL LLC, jointly dismissed with prejudice the federal lawsuit that was filed by Avantcare, Inc., last year, with each party to bear its own legal expenses and with no party admitting any wrongdoing or liability. Attorneys at the Carr Law Firm, P.A., represented the Defendants in the case.

Verdict: A client of the Carr Law Firm, P.A., just received a favorable jury verdict after a very hard-fought two-week jury trial in a construction case that involved claims for Breach of Contract and Construction Lien Foreclosure. The lawsuit was filed in 2008 for our client, a General Contractor, against a homeowner for failing to pay the amounts due pursuant to a construction contract. In response, the homeowner alleged everything from Fraud, Exploitation of the Elderly, violation of Florida's Deceptive and Unfair Trade Practices Act, Negligence, violation of Florida's Building Code, Fraudulent Lien and Construction Defects. The lien was found VALID, and the jury found that the Defendant breached the construction contract and awarded our client every dollar sought. The jury also found that there were no construction defects.

Suncoast Construction of Central Florida, Inc. vs. Restaurant Specialties. The Carr Law Firm, P.A., represented the Plaintiff, subcontractor in a contract dispute that arose during the construction of a BJ's Restaurant in Daytona Beach. Suncoast Construction of Central Florida, Inc., agreed to furnish various materials and labor to the project. The project was redesigned after construction began and the dispute centered on which party was responsible for the increased construction costs related to the redesign. When the general contractor refused to pay Suncoast Construction of Central Florida, Inc., litigation ensued. The Carr Law Firm, P.A., was hired shortly before the trial was to start. The Carr Law Firm, P.A., skillfully litigated the case through trial and obtained a judgment in favor of its client while defeating the counterclaim asserted by the general contractor against Suncoast Construction of Central Florida, Inc.

SETTLEMENT REACHED: The Carr Law Firm, P.A., represented several local organizers of a to-be-formed bank who were in a contentious dispute with out-of-state organizers. The case involved claims of breach of fiduciary duty, fraud, and conversion. Through aggressive and zealous representation, we were able to obtain a favorable negotiated settlement on behalf of our clients.

Elmurraine, et al. vs. Uptown Park Apartments, Williams Residential Management, and Vanguard Property Services. The Carr Law Firm, P.A., represented several clients in a fire claim and successfully recovered approximately $800,000 for property losses they incurred after their apartment building burned down as a result of the negligence of an unlicensed contractor, as well as the apartment management company that hired them. Their causes of action involved Negligence and violations of the Florida Building Code. The attorneys at the Carr Law Firm, P.A., aggressively litigated their case and the matter settled shortly before trial.

Hammerhead Construction & Development Corporation vs. Samuel Rivera, 14 So.3d 1190 (Fla. 5th DCA 2009). The Carr Law Firm, P.A., successfully represented a contractor in a breach of contract and construction lien foreclosure case. After winning at trial, the Carr Law Firm, P.A., successfully won the appeal in Florida's 5th District Court of Appeal. The Carr Law Firm was also successful in recovering attorney's fees from the opposing party.

Hartman vs. Citizens Property Insurance Corporation, Case No.:2006-20273. After aggressively litigating against Citizens Property Insurance Corporation, the Carr Law Firm, P.A., was successful in reaching a settlement for payment of the damages caused by Hurricane Frances to the clients' home. Although our client provided prompt notice of his or her damages to his or her property owner's insurer, Citizens failed to offer adequate and sufficient compensation. With aggressive representation, the Carr Law Firm succeeded at obtaining a settlement for the Plaintiff, which far exceeded their initial expectations.

● The Carr Law Firm, P.A., successfully obtained policy limits for our client from Allstate Insurance Company following an automobile crash that was caused by Allstate's insured. The at-fault driver ran a red light at an intersection and crashed into the side of our client's vehicle. As a result, our client suffered a rotator cuff impingement, disk bulging and facet hypertrophy, debilitating migraines and disk herniation with impingement. The attorneys at the Carr Law Firm, P.A., aggressively sought justice for our client and received a settlement for the total available policy limits of $100,000, on behalf of our client.

VMS Builders vs. Yum! Brands, Inc. The Carr Law Firm, P.A., represented a general contractor against a multibillion-dollar company in a construction contract dispute involving many legal and factual issues including breach of contract and the foreclosure of a claim of lien. The Carr Law Firm's client prevailed at trial and was also awarded its attorney's fees and court costs.

Maris Distributing Company vs. Anheuser-Busch, Inc., 710 So.2d 1022 (Fla. 1st DCA 1998). Peter F. Carr Jr. assisted in the representation of Maris Distributing Company in a notable case against Anheuser-Busch in a business torts case involving a breach of a beer distributorship agreement. This case ultimately resulted in a confidential settlement.

Unnerstall vs. Designerick, Inc., 17 So.3d 900 (Fla. 2nd DCA 2009). The Carr Law Firm, P.A., represented the property owners in a lawsuit against a subcontractor who recorded a claim of lien against the owners' property. The 2nd District Court of Appeals discharged the lien because the subcontractor did not strictly comply with the lien law statute. Therefore, the Carr Law Firm was successful at removing the lien from the clients' property and was also awarded its attorney's fees and court costs.

Upland Development of Central Florida, Inc. vs. Bridge, 910 So.2d 942 (Fla. 5th DCA 2005). Peter F. Carr Jr. successfully represented a general contractor of an apartment complex in a case alleging fraud and violation of the Florida Deceptive and Unfair Trade Practices Act concerning lien waivers and releases on a construction project.

Bialek vs. Vanguard Funding, LLC. The Carr Law Firm, P.A., successfully defended a claim in which the Plaintiff alleged that the Defendant, a lender, violated disclosure requirements under the Truth in Lending Act. The Middle District of Florida held that the Plaintiff failed to state a cause of action and ruled in favor of our client.

FLA Consulting, Inc. vs. Rymax Corp. The Carr Law Firm, P.A., successfully represented a casino and gaming consultant company in a federal court case against a company involving Breach of Contract, Quantum Meruit and recovery of unpaid commissions. With aggressive representation, the Carr Law Firm obtained a fair and equitable settlement for its Plaintiff.

Waugh vs. Greenblades of Central Florida, Inc. The Carr Law Firm, P.A., successfully represented a client in federal court in a claim against his former employer in a lawsuit under the Fair Labor Standards Act for unpaid wages and unpaid overtime. The Defendant disputed the monies owed and alleged that the Plaintiff was exempt under the Fair Labor Standards Act, however, the Carr Law Firm, P.A., obtained a favorable settlement for its client.