Contact Information
1625 Hendry Street
Third Floor
Fort Myers, Florida 33901
Telephone: 239.334.2722
Facsimilie: 239.334.1446
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PRACTICE AREAS
Alternative Dispute Resolution
ADR is the process of resolving legal conflicts without going through a trial. Many contracts now contain provisions requiring the parties to engage in alternative dispute resolution as a means of resolving a dispute. In addition, in Lee County, virtually all civil litigation cases must be mediated before the court will set the matter for trial. Our firm understands the need for effective counselors who are able to represent and advise clients in the area of ADR and provide services including:
- Moderated settlement conferences
- Mediation
- Binding and Non-binding arbitration
In addition to acting as advocates on behalf of our clients, George H. Knott, is a certified mediator and arbitrator and has been retained by parties to act as a neutral or a private judge in many cases. He is certified as a Civil Circuit Court Mediator and is also a member of the American Arbitration Association. Natly Torres-Alvarado is also certified as a Civil Circuit Court Mediator. She is fully bilingual (English / Spanish) and is able to conduct mediation in Spanish.
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Business Law
Knott, Consoer, Ebelini, Hart & Swett, P.A., since its inception twenty-five years ago, prides itself on being the law firm for small and medium size businesses in Southwest Florida. The firm represents business entities of every nature, size and capitalization; entrepreneurs; shareholders; management; investors; commercial vendors; land trusts; joint ventures; and parties related to almost every conceivable bona fide business transaction in its daily practice. The areas of advice and transactional services that the firm provides include, but are not limited to:
- Entity Selection
- Contracts
- Employee Relations
- Buy-Sell Agreements
- Mergers and Acquisitions
- Internet Advertising / Website
- Purchase and Sale Agreements for Sales of Businesses
- Organizational Documents
- Financing / Funding of Operations
- Director / Officer Liability
- Intellectual Property
- Trademark and Copyright
- Divisive Reorganizations
- Tax Planning
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Commercial Litigation
This practice area encompasses a wide range of commercial relationships and the disputes that arise as a result of those relationships. Our firm has extensive experience successfully and aggressively representing clients in this area. The firm’s clients have included corporations, directors and officers as well as joint ventures, partnerships, partners and sole proprietors.
The firm’s commercial litigation practice includes:
- Corporate dissolutions
- Breach of fiduciary duty
- Unfair competition claims
- Management and corporate control issues
- Mergers and acquisitions
- Shareholder appraisal rights
- Contract disputes
- Employment agreements
- Covenants not to compete
- Financial transactions
- Insurance coverage disputes
- Business fraud
In addition to our commercial litigation practice, our lawyers handle alternative dispute resolution, arbitration and mediation proceedings involving commercial disputes.
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Community Associations
The firm currently represents a number of community associations, both new and long-established. Firm attorneys have experience with all types of community associations, not only such traditional entities as Homeowner and Condominium Associations, but Community Development Districts, Recreation Districts and Cooperative Associations. Firm attorneys are experienced in dealing with Mobile Home Communities, the Department of Business and Professional Regulation and with not-for-profit corporations of all types.
Representation of community associations by firm attorneys includes the creation of such communities, the turnover of control of such communities, and the on-going general representation of communities both before and after turnover. Firm attorneys have experience advising such communities from both the residents’ and from the developer’s perspective, having been engaged to serve as association counsel in both capacities on many occasions.
The firm’s experience with community associations is broad, covering everything from routine advise on such matters as meeting notices and procedures to budget requirements, rule making processes, covenant enforcement and handling architectural control disputes. As association counsel, firm attorneys have experience in both litigating disputes and assisting with alternative dispute resolution, such as through formal and informal mediation. On behalf of resident-controlled associations, firm attorneys have participated in litigation of most aspects of litigation arising out of the governing documents of community associations. Additionally, the firm’s zoning and land use department provides specialized representation of community associations before governmental entities to address such diverse issues as zoning conflicts, road privacy disputes, water management permitting and environmental issues.
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Construction Law
The construction industry in Southwest Florida has experienced tremendous growth and development. Our firm is able to provide assistance and representation in all areas of the construction industry. Whether it be in project planning, contract preparation, project consultation and close-out, or dispute resolution, our firm is able to assist in the process with both technical and practical knowledge. Through our representation of lenders, developers, design professionals, general contractors, subcontractors and suppliers in both private and public projects, we have developed an appreciation and understanding of the various needs and goals of parties involved in the construction arena and the ability to assist our clients in meeting their objectives.
As disputes arise in connection with construction projects, our attorneys have years of experience in actions involving construction liens, payment disputes, construction defect and warranty claims, and complex design and scheduling matters. In cases of disputes, our experience in these areas allows us to effectively advise and represent our clients throughout the mediation, arbitration and litigation processes.
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Criminal Defense
Our firm is able to provide legal representation to clients in both Florida State and Federal Courts in all matters of a criminal nature from arrest through appeal. Representation includes, but is not limited to the following:
- Misdemeanors
- Traffic Offenses
- Felonies
- DUI & License Suspensions
- Violation of Probation
- Burglary/Theft
- Drug Charges
- Property Crimes
- Sex Crimes
- White Collar Crimes
- Juvenile Offenses
- Record Sealing
- Expungement
- Assault & Battery
- Manslaughter/Murder
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Estate Planning
The attorneys at Knott, Consoer, Ebelini, Hart & Swett, P.A. believe that an ounce of prevention is worth at least a pound of cure in their estate planning practice. The relative few dollars spent effectively planning an estate yield substantial savings on professional fees and family anxiety related to the administration of an estate. The goals of our estate planning attorneys are to provide advice on proper management of financial and personal matters during periods of disability; to protect assets against creditors; to preserve wealth by minimizing expenses and taxes; to distribute gifts and to transfer an estate to the intended beneficiaries; and to efficiently manage resources.
The firm has significant experience working with business clients to integrate their estate planning goals and objectives, but also regularly provides advice and estate planning related services in the following matters and practice areas:
- Wills
- Life Planning Documents (such as Powers of Attorneys)
- Asset Protection Planning
- Estate Tax Return Preparation
- Estate Administration (Probate)
- Fiduciary Litigation
- Family Limited Partnerships
- Trust Accountings
- Trusts
- Guardianship
- Tax Planning
- Tax Controversies
- Trust Administration
- Will Contests
- Business Succession Plans
- Estate / Trust Litigation
We use our knowledge of Florida and federal laws and our practical experiences to help Personal Representatives and Trustees marshal and distribute assets in an economical manner that maximizes assets for the intended beneficiaries of a deceased. For more information related to probate in Florida, please click here for a link to a Florida Bar publication. It is a good idea to consult with an attorney if you have been nominated as a Personal Representative of someone’s estate in order to protect yourself from liability that may be incurred in connection with the administration of the estate.
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Real Estate Law Since it inception, Knott, Consoer, Ebelini, Hart & Swett, P.A. has provided legal services and counsel to clients with regard to real estate acquisition, investments, development, finance and disposition. We are able to provide advice and guidance to our clients in a wide variety of matters involving real estate to include, but not be limited to:
- Residential & Commercial Real Estate Closings
- Leasing Issues from both a Landlord & Tenant Perspective
- Commercial Office Space / Flex-Space
- Real Estate Financing & Workouts
- Title Examination & Issuance of Title Insurance
- Condominium Development & Preparation of Condominium Documentation
- Construction Development & Financing
- Preparation of Property / Homeowner Association Documents
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Real Estate Litigation
Whenever a dispute related to real property arises, we have the knowledge and experience to assist our clients in achieving the best possible resolution in accordance with their goals. We do the investigation and research to identify various options available under the circumstances of a particular case, consult with our clients to determine which options match their goals, consult with our clients to choose the best strategy to accomplish those goals, and zealously pursue that strategy through negotiation and/or advocacy before courts or other forums.
Examples of the real property litigation matters we are experienced in handling include:
- Sale/Purchase Contract Disputes, Including Specific Performance
- Title Disputes
- Boundary Disputes
- Restrictive Covenants
- Foreclosure
- Landlord/Tenant Disputes
- Tax Disputes
- Construction Liens
- Resulting or Constructive Trusts
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Zoning & Land Use
Our zoning and land use section assists a diverse group of private sector clients, including large and small developers, homeowner associations, and individual property owners, with a wide range of administrative and legislative issues involving federal, state, regional, and local governmental entities. This section handles comprehensive plan amendments, zoning actions, environmental permitting, code enforcement cases, pending legislation, and a host of issues relating generally to the development of land. When necessary, our attorneys are also experienced in litigating zoning and land use issues in trial and appellate proceedings. Our AICP-certified planner is an integral part of this section.
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