Scott Feather, Carlton Fields, P.A. Photo

Scott D. Feather

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Scott D. Feather

Overview

Scott Feather, a commercial litigator and trial attorney, defends and prosecutes a diverse range of disputes, including complex matters, in both federal and state court, and in arbitration. He represents national title insurance underwriters, financial institutions, lenders, creditors, developers and construction companies, and closely held companies.

Scott's commercial litigation experience includes general disputes between businesses involving contract and business-related tort claims, defending companies in class actions and officers and directors in derivative actions and merger challenges, and disputes between closely held companies and their members and officers.

His real property practice involves investigating and litigating title insurance claims and disputes on behalf of title insurance companies as well as their insureds. He represents financial institutions in commercial disputes and lender liability claims and has prosecuted numerous commercial and residential foreclosures to finality. He also regularly defends financial institutions and the companies that have particular exposure to consumer-related statutory claims, such as the TCPA, the FCRA, and the FCCPA.

In addition, he represents companies in construction-related disputes, prosecuting and defending against claims and contract disputes relating to work performed on multimillion-dollar projects, and defending developers against claims alleging defective construction and code violations.

Experience

Obtained order granting final summary judgment in favor of title insurer and against insured on insured's claim that an encroachment of pilings onto adjacent property was not "shown" on the insured's survey, notwithstanding that the survey graphically depicted the west edge of the improvements vis a vis the west boundary of the property both directly (arrows and measurements) and by means of offset lines and the pilings were within that area although not themselves specifically depicted on the survey.

Represented developers in lawsuit seeking to rescind their purchase of hotel property, obtaining directed verdict on claims against developers after seven-day jury trial in the Southern District of Florida.

Defends financial institutions and companies against claims asserting violations of the TCPA, the FCCPA, and the FCRA.

Represented member of closely held LLC, defending against a variety of claims from other members and obtaining favorable ruling regarding applicability of Florida statute limiting manager's and managing member's personal liability for monetary damages.

Defended title insurance underwriters against closing protection letter and statutory defalcation claims.

Defended board of directors of publicly traded company in action for breach of fiduciary duty, obtaining dismissal of derivative claims.

Represented developer against condominium associations seeking to block development and prevent developer from maintaining its property, obtaining favorable rulings and judgment following trial, which was affirmed on appeal.

Defended developers against claims brought by condominium purchasers.

Represented general contractors in litigation and disputes with owners regarding performance of work on multimillion-dollar projects.

Represented company in connection with threatened shareholder lawsuit to enjoin merger based on alleged breach of fiduciary duties, inadequate consideration, and inaccurate disclosures.

Represented title insurance underwriter in obtaining ex parte injunction and appointment of a receiver against title agent that allegedly made improper transfers from its escrow account.

Represented members of closely held LLC in dispute with other members, seeking dissolution of LLC, and defending against counterclaims, including tortious interference and fraud claims.

Defended publicly traded corporation in merger class action asserting breach of fiduciary duty and disclosure violations.

Obtained judgments in favor of lenders against commercial borrowers for foreclosure and for deficiencies.

Defended lender in commercial dispute involving UCC, civil theft, and conversion claims.

Obtained favorable ruling for lender on unsettled issue regarding a debtor's obligations in connection with state court foreclosure litigation following debtor's "surrender" of real property in a bankruptcy proceeding.

Obtained reversal on appeal of nonfinal order on arbitration that delegated the determination of certain threshold issues to arbitrator.

Prosecuted multiple actions on behalf of commercial property owners against commercial tenants for eviction and damages for breach of contract and guaranties.

News & Insights

News

Speaking Engagements

"Handling Title Insurance Claim Litigation and Suits Against Title Insurance Companies," Fidelity National IHL Meeting, Las Vegas, NV (September 19, 2024)

"Determining Title Insurance Loss: Diminution in Value," Carlton Fields (January 25, 2024)

"Handling Title Insurance Claim Litigation and Suits Against Title Insurance Companies," Fidelity National Title Group (August 16, 2023)

Recognition

Honors & Recognitions

The Best Lawyers in America (2024–2027)

Florida Super Lawyers, Super Lawyers Magazine (2023–2026)

Top Author, JD Supra Readers Choice Awards (2020–2022)

Florida Rising Stars, Super Lawyers Magazine (2013–2019)

Florida Legal Elite, Florida Trend (2019)

Florida Legal Elite Up & Comers, Florida Trend (2014, 2016–2018)

No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.

Professional & Community Involvement

Professional & Community Involvement

Scott is a member of the American Bar Association, the Federal Bar Association, and the Hillsborough County Bar Association. He serves on the executive committee of the Westshore Alliance and chairs the advisory board of the South Tampa YMCA. He is a member of Hyde Park United Methodist and a graduate of Leadership Tampa Bay and Tampa Connection.

Beyond the Bio

Scott played on Wake Forest University's men's basketball team, which was ranked as high as No. 1 in the nation during his time there. At Stetson University College of Law, he was inducted into the National Order of the Barristers, served as chief justice of the Moot Court Board, served on the Stetson Law Review, and received the E. Harris Drew Memorial Award.

Bar Admissions

  • Florida

Court Admissions

  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

Education

J.D., summa cum laude, Stetson University College of Law

B.A., magna cum laude, Wake Forest University

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