Matt Devisse is an attorney in the Firm’s trial, arbitration and appellate practice group. Matt represents clients with fierce passion and focus, and uses his competitive approach to obtain the best possible results for his clients. Matt approaches each litigation matter as if it were his own, which fosters a unique and unparalleled desire to achieve individualized success for every matter. Board Certified in Business Litigation by The Florida Bar, Matt focuses his practice on complex commercial litigation to include high-end real estate development litigation, business and shareholder disputes, construction-related litigation, and trust and probate litigation. Matt consistently uses his “failure is not an option” mentality and overwhelming desire to achieve victory to obtain favorable results for his clients. A few examples of Matt’s success are:
- Obtained directed verdict on all of opposing parties’ claims in multi-million dollar dispute in connection with the sale of a medical device company. Trial resulted in a judgment in favor of Matt’s client in excess of $8,000,000.00.
- Two day evidentiary hearing resulted in a finding of contempt against the principal of a judgment debtor which owed in excess of $2,000,000.00 on attorneys’ fee judgment. Contempt finding and subsequent request to commence proceedings supplementary led to judgment debtor and principal filing for bankruptcy, which resulted in a favorable settlement for the client.
- Obtained judgment on the pleadings on piercing the corporate veil claim against owner of builder and developer with nearly $500,000,000.00 in annual revenue on claim attempting to hold owner individually liable for multi-million dollar construction defect claim.
- Obtained summary judgment in favor of client based on the doctrines of res judicata and collateral estoppel finding opposing parties liable for multi-million dollars for breach of a licensing agreement, eliminating the opposing parties’ claims, and leaving only the amount of damages the client was entitled to to be determined at trial.
- Obtained summary judgment in favor homeowners’ association on claim that association violated governing documents in connection with use of boat docks and associated appurtenances.
- Prevailed on behalf of a trustee in connection with trust beneficiaries’ attempt to appoint a special fiduciary in connection with estate worth in excess of $50,000,000.00.
- Succeeded in obtaining summary judgment that a plaintiff was not entitled to a multi-million dollar life insurance commission because the plaintiff’s interpretation of the contract would render the contract an illegal restraint of trade.
- Full evidentiary hearing resulted in defeat of minority shareholder’s attempt to obtain a preliminary injunction freezing assets and terminating business operations of pharmaceutical business.
- Successfully briefed jurisdiction of the Florida Supreme Court on the right to compensate witnesses for assisting in discovery and testifying.
- Obtained approximately $1,500,000.00 in settlements for general contractor on claims for contractual indemnity against subcontractors after presenting mediation presentation to various representatives and insurance carriers involving over twenty parties.
- Full evidentiary hearing on behalf of trust beneficiary resulted in defeat of trustee’s and guardian’s attempt to dispose of the settlor’s and ward’s property in connection with an estate exceeding $100,000,000.00 in value.
- Obtained final judgment in excess of $200,000.00 in favor of general contractor against subcontractor after trial.
Matt is a very tactical and precise appellate lawyer. He has represented clients before federal and state appellate courts, including appellate courts throughout Florida. Matt has prevailed at Florida’s Second District Court of Appeal in affirming a summary judgment entered on standing grounds for claims alleging violations of the Florida Racketeer Influenced and Corrupt Organizations Act, the Florida Civil Remedies for Criminal Practices Act, and the Florida Deceptive and Unfair Trade Practices Act. Helms and Rizzi v. Milk, et al., 269 So. 3d 529 (Fla. 2d DCA 2019) (table decision) [Oral Argument]. Matt has also argued before the Second District Court of Appeal in connection with an interlocutory appeal arising out of a dispute involving in excess of $10,000,000.00 in additional insured coverage benefits. Owners Insurance Company v. Armour, et al., 2D18-4385 [Oral Argument]. Matt has argued before the Second District Court of Appeal in connection with the application of an arbitration provision arising out of a shareholder appraisal proceeding and related dispute. F. Fred Pezeshkan v. Manhattan Construction (Florida), Inc., et al., 2D20-2184 [Oral Argument].
- Board Certified in Business Litigation
- Collier County Bar Association
Publications & Articles
- Matthew B. Devisse and Edmond E. Koester, An Analysis of Current Florida Law in Connection With Recovering Fees on Fees, 95 Florida Bar Journal 3, pg. 22 (May/June 2021).
- Matthew B. Devisse, Documentary Stamp Taxes on Promissory Notes. An Overview of the Case Split on Whether Documentary Stamp Taxes Need to be Paid on Unsecured Promissory Notes in Order for the Promissory Note to be Enforceable in a Florida Court, Pursuant to Section 201.08, Florida Statutes, XXXVIII Tax Section Bulletin 1, pgs. 10-14 (Spring 2021).
- Laird A. Lile, Edmond E. Koester, and Matthew B. Devisse, Can Selection of a Trustee be a Material Purpose Under F.S. § 736.0706(2)(D)?, 95 Florida Bar Journal 4, pg. 42 (July/Aug. 2021).
Awards & Acknowledgements
- Gulfshore Business’ 40 Under 40 Award Recipient – September 2021
- Legal Aid Services of Collier County Attorney of the Month – October 2018
- Big Brothers Big Sisters of the Sun Coast
- Southwest Florida Community Foundation – Donor Advised Fund
- University of Florida College of Law J.D., cum laude, 2015
- University of Florida B.A., 2012