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Douglas M. Smith

Doug devotes his practice to litigation in state and federal courts and in administrative litigation before the Florida Division of Administrative Hearings.
For over 12 years, Doug has handled an array of complex litigation matters, including many real estate disputes, boundary disputes, riparian rights case, eminent domain, construction disputes, complex commercial foreclosures, and bid protests. Doug also has experience litigating appeals. Doug views litigation as a necessary tool, one required when negotiations fail and parties are unable to resolve disputes amicably. He also understands that litigation is an often costly, lengthy, and imprecise avenue for solving problems. For this reason, Doug prefers a pragmatic approach to litigation, one that balances a client’s desire to aggressively vindicate its rights with the need to remain focused on the finish line. If litigation becomes necessary, Doug has the experience to guide clients through the minefield of litigating in Florida.
Education
  • University of the Pacific, McGeorge School of Law, Sacramento, California; J.D., With Great Distinction (Valedictorian (Day Division); Order of the Coif; Articles and Comment Editor, McGeorge Law Review; American Jurisprudence Awards in: Contracts, Evidence, Constitutional Law, Sales & Leases, Criminal Procedure, Professional Responsibility, Community Property and Remedies; Who’s Who Among Students in American Universities and Colleges (1998-1999 edition))
  • California State University, Chico, California; B.A., cum laude (Economics and Music; Phi Kappa Phi National Honor Society)
Bar & Court Admissions
  • Florida
  • California  (inactive)
  • U.S. District Courts (Northern District of Florida, Middle District of Florida, Northern District of California (inactive), Central District of California (inactive))
  • U.S. Bankruptcy Court (Middle District of Florida)
  • U.S. Court of Appeals (D.C. Circuit, Ninth Circuit (inactive))
Professional Affiliations
  • Tallahassee Bar Association
  • Florida Bar Association (Real Property, Probate and Trust Law Section, Litigation Section, Environmental and Land Use Law Section)
  • Legal Services of North Florida, Pro Bono Attorney
Community Involvement
  • Florida State University School of Law, Negotiation and Client Counseling Competitions, Frequent Judge
Awards & Recognition
  • Listed as a “Rising Star” in the annual publication of The Florida Super Lawyers, 2010-2011 editions
Legal Experience
Over twelve years of experience devoted to real property, land use, construction, and commercial litigation.
Represents numerous community development districts in complex non-residential foreclosures and construction disputes.
Represented developers defending land use entitlements issued by local governments, including consistency challenges brought pursuant to Chapter 163, Florida Statutes, and petitions for writs of certiorari.
Represented various interests challenging the validity of development orders issued or being considered by local governments.
Represented contractors in bid protests involving multi-million dollar procurements.
Represented developers in construction lien and contract deposit disputes involving residential condominium developments.
Handled a variety of real property disputes, including boundary disputes, title litigation, riparian rights disputes, real property contamination, property owner association disputes, easement litigation, and restrictive covenant enforcement.
Publications & Presentations
ABCs of Local Land Use and Zoning Decisions, The Florida Bar Journal, Vol. LXXXIV, No. 1 (January, 2010) (co-author)
Florida Administrative Practice, Ch. 8, Environmental Agencies, 8th and 9th Editions. (co-author)
The Outer Limit: The California Supreme Court Reigns in the 10-Year Statute of Repose for Construction Defects, Miller & Starr, Real Estate Newsalert (November 2003)
SLAPP Happy: An Analysis of California’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) Statute, Miller & Starr, Real Estate Newsalert (November 2004) (co-author)
Of Hidden Treasures and Fools Gold: The California Supreme Court Holds Ancient “Subdivision” Maps Do Not Create Legal Lots, Miller & Starr, Real Estate Newsalert (May 2003) (co-author)
Comment, Ohio v. Robinette: Per se Unreasonable, 29 McGeorge L. Rev. 897 (1998) (author)
Contact Douglas M. Smith