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David S. Garbett

David S. Garbett



  • Washington University
    (B.A. Cum Laude, 1979)
  • University of Miami School of Law
    (J.D. Cum Laude, 1982)

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David S. Garbett


David has been a shareholder of Garbett, Allen & Roza since 1995. His practice primarily includes complex commercial litigation with an emphasis on financial institution and UCC-related disputes and creditors’ rights, including fraudulent transfer and successor liability claims. David’s practice also includes structuring and documenting complex international and domestic lending transactions and factoring transactions.

David has successfully represented numerous financial institutions, both at the trial and appellate court level, on claims involving lender’s liability; letters of credit; documentary collections; check kiting, Ponzi schemes, forged, altered and counterfeit checks; wire transfers; financial institution bond coverage; Article 9 perfection issues; and Regulations CC and J issues.

David has extensive experience in drafting banking-related agreements including depositor’s agreements, funds transfer agreements, internet banking agreements and letter of credit-related agreements. He is frequently invited to present training/seminars to his bank client on a wide array of banking issues.

  • Complex Banking Litigation
  • Consumer Litigation Defense
  • Asset-Based Financial Transactions
  • Bank Regulatory Compliance
  • Creditor’s Rights and Bankruptcy
  • Troubled-Debt Restructuring and Workouts
  • Letter of Credit Disputes
  • Drafting of Bank Agreements and Forms
  • Bank Seminars/Training
  • Wrote the winning side briefs in two U.S. Supreme Court cases:
    Republic Nat. Bank of Miami v. U.S., 506 U.S. 80 (1992), reversing, U.S. v. One Single Family Residence Located at 6960 Miraflores Ave., 932 F.2d 1433 (11th Cir. 1991);
    Oppenheimer & Co., Inc. v. Young, 470 U.S. 1078 (1985), vacating, Oppenheimer & Co. v. Young, 456 So.2d 1175 (Fla.1984), on remand, Oppenheimer & Co., Inc. v. Young, 475 So.2d 221 (Fla. 1985)
  • Created new law in various UCC first impression banking cases:
    Attorney’s Title Ins. Co. v. Regions Bank, 491 F.Supp.2d 1087 (S.D.Fla. 2007);
    Commonwealth Land Title Ins. Co. v. Regions Bank, 2008 WL 744061 (Fla. Cir. Ct. Feb. 28, 2008);
    Lowenstein v. Barnett Bank of South Florida, N.A., 720 So.2d 596 (Fla. 3d DCA 1998);
    Bijlani v. NationsBank of Florida, N.A., 25 UCC Rep. 2d 1165 (Fla. Cir. Ct. 1995).
  • Florida Super Lawyers, (banking and commercial litigation)
  • Florida Legal Elite, (banking and commercial litigation)
  • Miami Metro Magazine, South Florida’s top lawyers
  • Martindale-Hubbell, AV Preeminent Peer Review Rated
  • David has written several articles, including “The Duty of Defend Clause in Liability Insurance Policy: Should the Exclusive Pleading Test Be Replaced?”, 36 University of Miami Law Review 2 (1982) and “1993 Revisions to Florida’s Uniform Commercial Code.”
  • Florida Bar
  • United States Supreme Court
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court and Bankruptcy Court for the Southern District of Florida
  • Middle District of Florida

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