David S. Garbett | Attorney

            David has been a shareholder of Garbett, Bronstein, Stiphany, Allen & Roza, P.A. since 1995.  Before joining Garbett, Bronstein, David was a partner with Stuzin and Camner, P.A. and Paul, Landy, Beily and Harper, P.A.

            David was born and raised in Miami, attended Washington University (1979, B.A. Cum Laude) where he was a member of Phi Beta Kappa, and the University of Miami School of Law (1982, J.D. Cum Laude), where he served as an editor of the University of Miami Law Review. 

            David has been selected for inclusion in: (i) Florida Superlawyers (top 5% of lawyers practicing in Florida); (ii) Florida Legal Elite (top 2% of lawyers practicing in Florida); both  in the areas of banking and commercial litigation; and (iii) Miami Metro Magazine, South Florida's top lawyers.

              David specializes in complex commercial litigation with an emphasis on financial institution and Uniform Commercial Code-related disputes. David's practice also includes structuring and documenting complex loan transactions, including Eximbank-related loan transactions, asset-based international and domestic lending transactions and factoring transactions.  In his financial institution practice, David represents financial institutions on claims involving special assets, lender's liability; letters of credit; documentary collections; check kiting, forged, altered and counterfeit checks; wire transfers; financial institution bond coverage; Article 9 perfection issues; and Regulation CC and Regulation J issues.  David also has extensive experience in drafting other banking-related agreements, such as Depositor's Agreements, Funds Transfer Agreements, Internet banking agreements, Letter of Credit-related Agreements, Cash Management Agreements and the like.  David has had considerable experience in negotiating and drafting workout/restructure agreements. 

               Representative financial institutional clients include Regions Bank, Ocean Bank, TotalBank, JPMorgan Bank, N.A., Union Credit Bank, First Bank Florida, First Bank Puerto Rico, Mercantile Bank, Mercantil CommerceBank, Executive National Bank, BankUnited, Banco Credito Inversiones, Colonial Bank, BankAtlanti c, and Mellon United National Bank, BPD Bank, and ExpoCredit Corp.

               Among David's professional achievements are the writing of winning side briefs in the U.S. Supreme Court on two commercial 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 (11^th Cir. 1991) (United States may not deprive appellate court of jurisdiction to hear appeal of forfeiture judgment by removing the proceeds of the forfeiture from the territorial jurisdiction of the district court pending appeal); and 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) (arbitration provision in brokerage account agreement valid and enforceable under Federal Arbitration Act, which preempts inconsistent provisions of Florida Arbitration Act); and creating new law in various UCC first impression banking issues, including Attorney's Title Ins. Co. v. Regions Bank, 491 F.Supp.2d 1087 (S.D.Fla. 2007) (in UCC case of first impression, federal court dismissed action with prejudice brought against bank for statutory conversion of check paid over the payees' unauthorized endorsement for lack of delivery of check to the payees); Commonwealth Land Title Ins. Co. v. Regions Bank, 2008 WL 744061 (Fla. Cir. Ct. Feb. 28, 2008) (in UCC case of first impression, trial court dismissed with prejudice various common law counts against bank as displaced by Article 4A for allegedly mishandling a payment order credited to the wrong account); Lowenstein v. Barnett Bank of South Florida, N.A ., 720 So.2d 596 (Fla. 3d DCA 1998) (in UCC case of first impression, appellate court affirmed summary judgment dismissing customer's claim against bank for paying checks over forged drawer's signatures as absolutely barred by customer's failure to report forgeries within one year, even though customer was in prison during fraud scheme); Bijlani v. NationsBank of Florida, N.A., 25 UCC Rep. 2d 1165 (Fla. Cir. Ct. 1995) (in UCC case of first impression, trial court dismissed claims against payor and depositary banks handling for deposit check with ambiguous multiple payee designation).

               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.