Photo of Carlos Kelly

Carlos focuses his practice on real estate disputes (sales and purchase disputes, foreclosures, title insurance litigation, commercial and residential evictions, and other real estate related claims) and business claims (fraud and contract lawsuits, shareholder disputes, and other claims between business partners). A major part of his real estate litigation practice involves eminent domain/condemnation matters, which have included inverse condemnation and Bert J. Harris, Jr., Private Property Rights Protection Act claims.

In addition to being admitted to all Florida state courts, Carlos is admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Carlos speaks and writes for a variety of audiences, including the firm's Legal Scoop on Southwest Florida Real Estate blog. The Florida Bar’s Eminent Domain Committee, The Florida Bar's City, County & Local Government Section, and the Florida Association of County Engineers & Road Superintendents have featured Carlos as a lecturer on eminent domain topics, and the West Coast Florida Chapter of the Appraisal Institute has featured Carlos as a panel speaker on witness preparation in eminent domain cases. The American Bar Association published an article Carlos wrote about the use of eminent domain to condemn underwater mortgages (December 10, 2012 web post). The Florida Bar Journal has published several of Carlos's articles, including two that he wrote about eminent domain topics.  The Supreme Court of Florida cited his article, “Eminent Domain: Identifying Issues in Damages for the General Practitioner,” in System Components Corp. v. Florida Dept. of Transportation, 14 So.3d 967 (Fla. 2009). Carlos is AV rated by Martindale-Hubbell

It’s an old saying, but it’s true in life and in court, as illustrated in a recent takings decision, Town of Ponce Inlet v. Pacetta, LLC, et al. The Town appealed “a multi-million-dollar” judgment on an inverse condemnation claim. Like most takings cases, this one has a long and confusing history.

The property owners had purchased ten adjoining parcels, seeking to develop a waterfront project. The Town, however, amended its comprehensive land use plan, leaving the property owners unable to develop the ten parcels as contemplated.

First Lawsuit

The property owners sued the Town, challenging the amended comprehensive land use plan. The property owners successfully argued, at both trial and on appeal, that the ten parcels should be treated as a single 16 acre parcel.

Second Lawsuit


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According to The American Heritage Dictionary, Second College Edition, the word “fight” has several meanings, including

[t]o stand up against something or assert oneself.”

Recently, as a nation, we celebrated the 241st anniversary of the Declaration of Independence. We are justly proud of that independence. The signers, and other heroes, stood against tyranny and asserted themselves for liberty.

It took a fight to achieve that independence.  It has taken many other fights since then to preserve it.


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IMG_0642I need to let you know how my Saturday project went. In my last post, I told you about a home improvement project that I needed my dad’s help on. And I told you about the concept of “highest and best use.”

I asked my dad to come by at 9 am. He brought a low wattage, high illumination fluorescent shop light that gave off way more light at a lower heat than the work light I had. He also brought a ten inch sliding compound miter saw, saw horses, and a saw table, plus a whole lot more.

The work went pretty quickly, and it had to. It gets hot fast in an attic in Florida this time of year. It was very cramped and hard to get enough room for a good hammer swing on the mend plates. No such problem installing the construction screws. My dad pre-drilled the 2 by 6 splice lumber. (“Son, this drill is practically a family heirloom.  It was my Uncle Bob’s. It’s a 3-way drill, so it can hammer, drill, and do both at the same time. Works great on concrete. They don’t make ‘em like this anymore.”) The power screwdriver made the rest easy.


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Did you have a home improvement project last weekend? I did.

But this one was beyond my limited skills (and limited tools), so I got my dad involved.  He can fix anything.  And he’s got the ultimate set of tools.

After he looked at the situation, he specified the fix. He liked my suggestion of

diamond-158431_1280In the film “Snatch,” made by British director Guy Ritchie (former husband of Madonna), there are a lot of moving parts: an 86 karat diamond, an underground boxing match, a robbery gone awry, a chew toy eaten by a dog, and a host of characters from London’s underworld bearing unusual names like Turkish,

Property Rights Flickr Kax VorpalLast week, I posted video about oral argument heard by the Florida Supreme Court regarding the Bert J. Harris, Jr., Private Property Rights Protection Act, which “provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects

cakI grew up out West. A big part of growing up in the West, at least in my family, included Western films. Westerns, like many country music songs, can tell a complicated story in regular, everyday terms. Black cowboy hats and white cowboy hats made it easy to figure out who was on what side!

As usual, the year has flown by and the New Year is upon us. You might remember from my last post, that we took a Christmas-flavored look at takings with St. Nick. Now it’s time to look ahead. When my wife and I were walking in a local nature preserve on Christmas Day, I took a picture of a fantastic tree that I named the “Animals’ Staircase.”

As you can see, the Animals’ Staircase ascends gradually and then with increasing steepness.  It was easy to picture a small animal running up the Staircase to get a better view of something.


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photoIf the sounds of Christmas music bring feelings of goodwill toward all, family gatherings, Yuletide blessings, you’re not alone. Personally, I always make it an Elvis Christmas, rolling through the same ten Elvis songs for days at a time. Ho ho ho and thank you, thank you very much!

But let’s think of Santa, not just as a bringer of gifts, but as a user of property rights. After all, he lands on your roof. Get any permission for that, Mr. Claus?  What about the wear and tear to the roof?  If a typical adult male reindeer weighs 350 – 400 pounds, eight adult reindeer could weigh 2,800 – 3,200 pounds—over a ton.  Can your roof support that?  (This isn’t even including Rudolph, the sleigh, or Santa himself, who is no reed, weight-wise, according to a number of reports.)


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