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Dana Clayton

Partner 
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
 
Tel:
305.374.5600
Fax:
305.374.5095
 
 

Dana Clayton is an experienced litigator whose practice is focused on all facets of real estate litigation in federal and state court. Dana represents Fortune 100 financial companies, REITs, and public and private real estate companies throughout the state of Florida. She also represents Florida developers in lawsuits involving claims for violations of the Interstate Land Sales Full Disclosure Act (ILSA), Florida's Deceptive and Unfair Trade Practices Act and Condominium Act, as well as general contract and tort claims. Dana also represents national retailers in land use, environmental, and geotechnical litigation matters in Florida.

Dana also has experience in advising clients on casualty losses and damages arising from hurricanes and severe weather conditions. She has handled issues resulting from Hurricanes Andrew, Wilma, Harvey, and Irma relating to construction, real property, insurance claims, and permitting matters. In addition, she provides advice regarding lease liability and coverage, landlord and tenant obligations, rent abatement, and termination rights. At present, Dana is representing one of the largest kidney care companies in the U.S. in the wake of Hurricane Harvey. She is also assisting a multinational retailing corporation in assessing its locations for hurricane damage following Hurricane Irma including preserving evidence, working with local municipalities, and establishing grounds for litigation relating to defective construction.
 
Representative Experience
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Representation of a landowner of a multi-million dollar commercial property in Miami Beach. The defendant is a national franchisee who alleged that it had an interest in our client's real property as a result of renewal and purchase options.
 
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Representation of an international commercial developer who developed the second tallest building in downtown Miami. In these lawsuits, the purchasers have alleged violations of the Interstate Land Sales Full Disclosure Act, Florida's Deceptive and Unfair Trade Practices Act, and the Florida Condominium Act.
 
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Representation of an international developer in a profit sharing dispute with the former mayor of a local town. The developer filed a lawsuit against the former mayor for breach of contract and misrepresentation.
 
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Representation of one of the largest retailers in a federal lawsuit involving claims for negligent environmental and geotechnical work arising from its purchase of a $20 million property.
 
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Representation of one of the largest publicly traded companies with respect to their commercial real estate portfolio in Florida; handled dozens of lawsuits on behalf of this client, which cases involved lease disputes and claims arising from the use of commercial and mixed-use properties.
 
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Representation of a national commercial developer in a specific performance case arising from the purchase of a $100 plus million new mixed-use project in Miami; the specific performance claim was effectively clouding title to our client's property and preventing the owners from refinancing or selling the project.
 
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Representation of a national retailer in a multi-million dollar case involving the ownership of monitoring wells that were installed on the defendant's property as part of the retailer's due diligence.
 
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Representation of a national real estate company against one of its largest anchor tenants in a lawsuit for constructive eviction and breach of contract arising from a $100 million renovation of a Florida mixed-use project.
 
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Mary and Edgar Ortegon v. Leviev Boymelgreen Marquis Developers LLC, 13 So. 3rd 478 (Fla. 3d DCA 2014)
 
 
Recent Trial and Arbitration Victories
 
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Representation of a multinational retail corporation in a breach of contract suit relating to the development of a commercial shopping center.
 
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Representation of KTR South Florida, LLC (KTR), a landlord and subsidiary of Prologis, in an arbitration involving a commercial lease dispute. Following the final arbitration hearing, the AAA arbitrators ruled in favor of our client on all claims and in the full amount of its requested damages, as well as attorneys' fees and costs.
 
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Representation of Gordon Food Service (GFS) in a three-year commercial landlord-tenant dispute stemming from the landlord's refusal to consent to substantial exterior store improvements. After a bench trial, the Court entered judgment in favor of our client on all counts.
 
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Representation of an international developer in a lawsuit in which the plaintiff alleged a series of claims aimed at attempting to block the closing of a $16.5 million sale of a co-op building located in Bay Harbor Islands. In addition to a successful representation of our client in the lawsuit, Akerman also represented the purchasers and co-op in appealing of the Miami-Dade County Board of County Commissioners, the historic designation of the co-op property by the County's Historic Preservation Board.
 
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Representation of the real estate investment arm of USAA in the $136 million sale of two Miami office buildings (Datran Center I and II). Additionally, in 2015, our team represented USAA in the approximately $120 million sale of The Alahambra, an office building project in Coral Gables.
 
 
Published Decisions
 
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Group 2005 Real Estate, LLC v. Leviev Boymelgreen Marquis Developers, LLC, 103 So. 3d 166 (Fla. 3d DCA 2012)
 
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Galben Group, Inc. v. Daniel F. Malone, 13 So. 3rd 478 (Fla. 3d DCA 2009)
 
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Ernesto Cambo et al. v. Bay Point Owners Association, Inc., 2008 WL 2121770 (Fla. 3d DCA 2008)
 
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1360 Power, Inc. v. Medical Taskforce, Inc., 819 So. 2d 940 (Fla. 3d DCA 2002)
 
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Four Star Resorts Bahamas, Ltd. v. Allegro Resorts Management Services, Ltd., 811 So. 2d 809 (Fla. 3d DCA 2002)
 
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Urban Reality and Development, Inc. v. Transworld Management Service, Inc., 780 So. 2d 83 (Fla. 3d DCA 2001)
 
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Brandt v. Dugent Liquidating Trust, 749 So. 2d 1276 (Fla. 3d DCA 2000)
 
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Beck v. Lipkind, 681 So. 2d 794, (Fla. 3d DCA 1996)
 
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New York Life Insurance and Annuity Corp. v. Hammocks Community Association, Inc., 622 So. 2d. 1369 (Fla. 3d DCA 1993)
 
Awards & Recognition
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The Best Lawyers in America 2010-2018, Listed in Florida for Litigation - Real Estate
 
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Super Lawyers Magazine 2017, Listed in Florida for Business Litigation
 
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Martindale-Hubbell 2002-2017, AV Rated Preeminent
 
Published Works & Lectures
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Akerman Real Estate CLE Webcast, Presenter, "Commercial Lease Provisions in New York and Florida - Part 2," March 24, 2016
 
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Akerman Real Estate CLE Webcast, Presenter, "Commercial Lease Provisions in New York and Florida - Part 1," November 12, 2015
 
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Practical Law Company, Co-Author, "Real Estate Leasing: Florida," 2012
 
Professional Memberships & Activities
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The Florida Bar, Member
 



Dana  Clayton

Practice
Litigation
Education
J.D., University of Miami School of Law, 1991; magna cum laude, Order of the Coif
B.A., University of Miami, 1987; cum laude
Bar Admissions
Florida
 
 
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