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Description: The Florida Supreme Court in October, 2021 sharply curtailed the ability of a defendant to recoup attorney’s fees and costs after successfully defending against a breach of contract claim. In a deceptively simple decision, the Court swept away years of caselaw that broadened the application of the Florida statute that makes prevailing party fees provisions reciprocal in contracts which contain one-sided prevailing party fees clauses.
The decision encourages frivolous litigation and may mark the beginning of a resurgence of the American Rule—parties in litigation pay their own fees, no matter how lopsided the finances between them or meritless the litigation.
Robert Kohlman focus is on complex marital and family law cases, civil litigation and family and civil law appeals.
He’s tried more than 150 cases to conclusion, although the majority of his cases result in out-of-court settlements. He’s also argued appeals at the Florida Supreme Court; the Federal 11th Circuit Court of Appeals; and the Florida Second, Third, Fourth and Fifth District Courts of Appeal.
Robert has extensive experience with multi-country litigation, including cases with complex asset protection structures, often involving onshore and offshore trusts.
Robert graduated with high honors from Florida State University College of Law, where he was inducted into the Order of the Coif, awarded to the top 10% of the graduating class. He was both Executive Editor and Notes & Comments Editor of the Florida State University Law Review.
Robert clerked at the Florida Third District Court of Appeals.
Robert opened his own virtual law firm in response to the Covid-19 pandemic. Previously, Robert was a partner at Baker & McKenzie; Buchanan Ingersoll & Rooney; and Buckner Shifrin Etter Dugan Bradfute & Kohlman.
Robert is a member of the Florida Bar and the Federal Southern District Bar. He is a member of the Florida Bar Ad Hoc Health & Wellness Committee.
Robert sits on the Board of Directors of KidSide Charity. He is a founding member and past president of BNI Biscayne Connection.
 | | Practice Areas: | | Business Organizations & Contracts, Complex Litigation, State, Local & Municipal Law | | | Online Media Type: | | Audio | | | Production Date: | | 12/20/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Robert F. Kohlman, Esq - Kohlman Law LLP |
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