Overview
Mark is a Shareholder in the Litigation Department. He has served on the Firm’s Board of Directors, as well as the Firm’s Client Relations Committee and Business Intake Committee. Mark represents U.S. and international clients in trial and appellate courts, both state and federal, arbitrations and administrative forums. His practice focuses on complex commercial matters, which include contract and business tort claims that pertain to a wide range of disputes involving creditor’s rights, secured transactions, lender liability, shareholders, partnerships and limited liability companies, real property, including claims related to lien priority, adverse possession, restrictive covenants, easement rights, property rights and land use, deficiency valuation proceedings, tax assessment challenges, and landlord/tenant relations.
Mark has been named one of South Florida’s top litigators being selected as a Florida Litigation Star in Benchmark Litigation and recognized in The Best Lawyers in America and the South Florida Legal Guide. He has lectured at various Florida Bar Continuing Legal Education Seminars on topics, including contract remedies and other litigation related issues.
Prior to joining the Firm, Mark served as a Judicial Clerk for The Honorable Thomas E. Scott, United States District Court - Southern District of Florida, and as a Judicial Intern for both The Honorable C. Clyde Atkins, Senior Judge United States District Court - Southern District of Florida, and The Honorable Mario Goderich, Eleventh Circuit, Miami-Dade County, Florida.
Representative Experience
- Successfully defended statewide-property management company resulting in the plaintiff’s pre-trial voluntary dismissal of a class action lawsuit in which plaintiff had alleged the management company violated state law by overcharging certain “move-in” fees associated with her rental of a condominium unit.
- Represented Metromall Partners, LTD (“Metromall”) in the $14.5 million sale of the Metromall Building in the heart of downtown Miami’s jewelry district. The sale included the assignment of a 99-year ground lease executed in 1945.
- Successfully obtained $2.2 million final judgment on behalf of an aircraft charter company in breach of contract action by successfully arguing on summary judgment that liquidation clause was valid and enforceable.
- Obtained judgment in federal court trial for excess completion cost damages, attorneys’ fees and costs, on behalf of municipality against surety arising from surety’s breach of performance bond involving two components of $120 million public works project.
- Obtained $10.5 million judgment on behalf of international clients arising from counter-party’s failure to pay for aircraft, flight crews and maintenance personnel relating to non-military air transportation services to Afghanistan.
- Prosecuted specific performance claim in both state court and bankruptcy court adversary proceedings relating to client’s contract with tenants-in-common owners for purchase of office building resulting in settlement between Chapter 11 trustee and contract vendee.
- Obtained dismissal of commercial property’s owner’s claim to establish permanent easement over developer’s $70 million multifamily construction project.
- Obtained affirmance of $18 million summary judgment in favor of a consortium of lenders on breach of contract claims and against borrower and guarantors on their lender liability counterclaims involving fraud and breach of fiduciary.
- Obtained affirmance by Pennsylvania appeals court of summary judgment entered in favor of property owner sued by adjacent shopping owner claiming it was denied a right of first refusal to purchase client’s property.
- Obtained affirmance of summary judgment entered in favor of bank against a claim by a competing creditor asserting it had a priority security interest in over $6 million of motor vehicles pledged as collateral.
- Successfully defended bank against a class action claim alleging that the bank had engaged in fraud by failing to disclose all terms of an automotive financing transaction.
- Obtained reversal of Historic Preservation Board’s denial of special permit relating to construction of luxury beach-front property located in historic district in Miami Beach.
- Obtained multimillion dollar judgment on behalf of European investor in connection with financing transaction relating to production of new vodka brand.
- Successfully defended Venezuelan company against multimillion dollar claims alleged for unauthorized audio recording in violation of Florida law.
- Represented international property owner in obtaining favorable settlements involving contract and negligence claims.
- Obtained $90 million judgment against borrower and guarantor involving contemplated mixed-use development in North Florida.
- Obtained appellate reversal of a multimillion dollar judgment entered against a seller of furniture in connection with a European sales transaction.
- Obtained affirmance by federal appeals court of jury’s defense verdict in a case in which a German company sued a leading office furnishings manufacturer for breach of contract and sought to recover $17 million in damages.
- Obtained judgment on behalf of airline carrier in contract dispute and successfully defended against counterclaim.
- Prosecuted breach of contract claims on behalf of multiple foreign owners of luxury homes in Bahamas against manufacturers of custom hurricane-proof windows resulting in favorable settlement.
- Represented lenders in post-judgement deficiency valuation proceedings in circuit court and property owners in tax assessment administrative proceedings.
- Prosecuted claims and obtained damages award against commercial property owner for breach of lease in arbitration proceeding.
- Represented developers before the Governor and Cabinet, sitting as the Administration Commission, and demonstrated that the Broward County’s public school concurrency amendment to its comprehensive plan was illegal.
Judicial Clerkships
- Law Clerk, Honorable Thomas E. Scott, United States District Court for the Southern District of Florida
- Judicial Intern, Honorable C. Clyde Atkins, Senior Judge, United States District Court for the Southern District of Florida
- Judicial Intern, Honorable Mario Goderich, 11th Circuit, Miami-Dade County, Florida
Professional & Community Involvement
- 11th Judicial Circuit Grievance Committee 11 "B", Vice Chair, 2018; Chair, 2019
- American Bar Association, Litigation Section
- Association of Trial Lawyers of America
- Metropolitan Dade County Chamber of Commerce
- Miami High School Magnet Program, Mentor
- Dade County Bar Association Mentor Program, Mentor
- Put Something Back Pro Bono Program
- Legal Services of Greater Miami Pro Bono Program
- Dade County Pro Bono Small Claims Clinic, Volunteer
Recognition
- The Best Lawyers in America®, 2013-Present
- Benchmark Litigation, Litigation Star, 2015-2022, 2024-Present
- South Florida Legal Guide, Top Lawyers in South Florida - Litigation, 2006-2016
- AV Rated by Martindale-Hubbell
Publications & Presentations
Ad Valorem Tax News Update, Land Development News Update, Publications:
Should You Challenge Your Property Tax Assessment?
Stearns Weaver Miller News Update |August 2017
Newsroom
Firm Announcements:
Stearns Weaver Miller Receives Top Ranking in Benchmark Litigation 2018
October 2017
Firm Announcements:
Stearns Weaver Miller Receives Top Ranking in Benchmark Litigation 2017
October 2016
Firm Announcements:
Stearns Weaver Miller Attorneys Recognized by South Florida Legal Guide 2016
January 2016
Firm Announcements:
Stearns Weaver Miller Attorneys Recognized in Benchmark Litigation 2016
October 2015
Firm Announcements:
Stearns Weaver Miller Attorneys Recognized by South Florida Legal Guide 2015
January 2015
Firm Announcements:
Stearns Weaver Miller Receives Top Rankings in Benchmark Litigation 2015
December 2014
Firm Announcements:
Stearns Weaver Miller Recognized by South Florida Legal Guide 2014
January 2014