Robert J. Powell

Robert J. Powell

Shareholder

Professional Experience:

Robert is a business litigator. He handles all manner of commercial disputes, from simple contract breaches to complex “bet-the-company” litigation. Robert gained extensive experience during the Great Recession representing financial institutions and private equity lenders in various insolvency, loan enforcement, and bankruptcy matters.  He is also well-versed in matters involving corporate fraud and mismanagement, including the avoidance of fraudulent asset transfers.  In the bankruptcy arena, Robert has served as lead counsel to a Chapter 7 Trustee charged with unwinding a multi-million-dollar Ponzi scheme involving fabricated real estate investments through the debtor’s construction company. His diverse business litigation background now entails a client list that includes insurers, hoteliers, developers, brokers, commercial landlords, and business owners. Robert also maintains an active appellate practice. He successfully briefed and argued a seven-figure fidelity bond case before the US Court of Appeals for the Eleventh Circuit in just the second year of his practice.

  • AV Rating in the Martindale-Hubbell Law Directory
  • Florida Trend’s Legal Elite “Up and Coming”, 2015, 2016
  • Florida Super Lawyers “Rising Star”, 2017-2019
  • Order of Barristers
  • Independent News 2011 Rising Star
  • Emerald Coast Legal Aid, President
  • Northern District of Florida Bankruptcy Bar Association, Past-President/Board Member
  • Big Brothers Big Sisters of Northwest Florida, Board of Directors & Former “Big”
  • Emerald Coast Legal Aid Board of Trustees, President of Board
  • Escambia Santa Rosa Bar Association, Former Executive Council
  • Escambia Santa Rosa Bar Association Young Lawyers Division, Past-President
  • American Bar Association
  • Florida Bar Business Law Section
  • American Bar Association
  • Pensacola Young Professionals
  • American Bankruptcy Institute
  • Successful representation of bankruptcy trustee as special counsel engaged to unwind multi-million-dollar Ponzi scheme.
  • Successful representation of stalking-horse bidder in Chapter 11 bankruptcy filed by publicly-traded bank holding company involving 363 sale of debtor-company’s stock in subsidiary bank.
  • Ray v. Huckaby, 200 So.3d 65 (1st DCA 2016) (affirming per curiam judgment in favor of decedent’s spouse in dispute regarding entitlement to life insurance proceeds).
  • Beach Community Bank v. St. Paul Mercury Insurance, Co., 635 F.3d 1190 (11th Cir. 2011) (reversing summary judgment entered in favor of fidelity bond issuer where bank demonstrated that fidelity bond covered loss resulting directly from good-faith reliance upon forged personal guaranty of commercial loan regardless of collectability of the guarantor
  • Greiff v. Wells Fargo Bank, N.A., 145 So. 3d 834 (Fla. 1stDCA 2014) (denying certiorari review of trial court order in fraudulent transfer action that refused to dissolve lis pendens where judgment creditor successfully argued that transferee’s claim of homestead exemption did not preclude attachment of lis pendens to property that judgment debtor fraudulently transferred)
  • Hardman v. Beach Community Bank, 147 So. 3d 984 (Fla. 1st DCA 2014) (affirming trial court’s finding of personal jurisdiction over non-resident principal of corporate judgment debtor in fraudulent transfer action)
  • Hancock Bank v. Boyd Brothers, Inc., 2011 WL 2224831 (N.D. Fla. 2011) (dismissing lender-liability counterclaim for fraudulent inducement and negligent misrepresentation with prejudice where borrower could not demonstrate that verbal representations to renew commercial loan facilities were enforceable in light of Florida credit agreement statute of frauds)
  • HMA Santa Rosa Medical Center, LLC v. Baillie, 119 So. 3d 1250 (Fla. 1st DCA 2013) (affirming per curiam trial court’s denial of motions for directed verdict, new trial, and remittitur following jury verdict for personal representative of decedent’s estate in wrongful death and premises liability action)
  • Hull v. Byrom, 75 So. 3d 427 (Fla. 1st DCA 2011) (affirming dismissal of law firm in surcharge action against individual lawyer filed by successor guardian)
  • Robinson v. Fisher-Brown Bottrell Insurance Co., 102 So. 3d 774 (Fla. 1st DCA 2012) (affirming per curiam trial court’s denial of former insurance agent’s motion to dissolve temporary injunction entered in favor of insurer for breach of non-solicitation agreement)
  • Weimorts v. Shockley, 4 So. 3d 386 (Fla. 1st DCA 2010) (reversing trial court’s denial of transfer of venue in domestic matter)

Robert J. Powell

Shareholder

Location:
Pensacola

Phone:
Office: 850.434.9200
Direct: 850.208.7078

Email Address:
rpowell@clarkpartington.com

Legal Secretary

Julie Knudsen
850.208.7065
jknudsen@clarkpartington.com

Paralegal

Kristopher Castillo
850.208.7058
kcastillo@clarkpartington.com

Areas of Practice
  • Appeals & Trial Support
  • Business & Banking
    • Financial Institutions
  • Litigation
    • Commercial Litigation
    • Creditor’s Rights & Bankruptcy
    • Real Estate Litigation

 

Education
  • J.D., Florida State University College of Law, with honors
  • B.S.B.A., University of Florida, with honors

 

Admittance to Practice
  • All Florida State Courts
  • All Alabama State Courts
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Nothern District of Alabama
  • U.S. District Court, Middle District of Alabama
  • U.S. District Court, Southern District of Alabama
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Bankruptcy Court, Northern District of Florida
  • U.S. Bankruptcy Court, Middle District of Florida
  • U.S. Bankruptcy Court, Southern District of Alabama
  • U.S. Bankruptcy Court, Middle District of Alabama

Additional Legal Resources