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R. Gavin Mackinnon Attorney Profile | Kelley Kronenberg

R. Gavin Mackinnon

Partner, Orlando / Tampa /

Gavin Mackinnon is a Partner in the firm’s Orlando office. Gavin’s practice is concentrated on third party insurance defense, negligent security, premises liability, general liability litigation and commercial litigation. With over 20 years of experience in State and Federal throughout Florida and Illinois, Gavin manages and handles liability defense litigation for the firm throughout Central Florida.

Gavin has extensive experience defending clients with legal and business issues in the areas of personal injury, property damage, premises liability and economic loss. He has broad trial and litigation experience and regularly represents individuals, businesses, construction companies and contractors, in civil litigation defense including negligence, construction claims, construction defect, and auto liability. Gavin maintains an active trial practice, and has tried more than 20 cases to verdict, including jury trials, bench trials and arbitrations.

Gavin also concentrates a substantial portion of his time on matters of complex commercial litigation involving commercial contract disputes, commercial torts, land disputes, landlord-tenant claims, securities litigation, and claims of lien. He handles real estate and land disputes, loan default, Interstate Land Sales Full Disclosure Act claims and Florida Unfair and Deceptive Business Practice claims.

Gavin is certified by the state of Florida to conduct Continuing Education courses. He regularly advises clients on policies and procedures to limit exposure to liability and conducts numerous training seminars for clients.

  • Florida Family Insurance Company, April 2018
  • Assignment of Benefits – The Trends, The Law, and Tips on Handling Claims, June 2017
  • Pharmacist Liability Under Florida Law: More Than Just Mislabeling, April 2016
  • Bad Faith and Multi-Party Settlements, March 2016
  • Slips, Trips & Falls: Legal Updates and Defense Strategies, June 2015
  • Legal Update & Defense Strategies for Auto Claims and How to Avoid Bad Faith, August 2014
  • Florida Restaurant and Lodging Association (FRLA)
  • Orlando Claims Association (OCA)
  • The Florida Bar
  • The Illinois Bar
  • Orange County Bar Foundation
  • New Attorney Award of Excellence, The Legal Aid Society of the Orange County Bar Association, 2005
  • Representation of employers from varying industries in defense of statutory non-compete and unfair competition claims brought by competitor business related to the alleged improper hiring of former employees.  Matters routinely involved evidentiary hearings to determine enforcement and scope of terms of non-compete employment agreements.
  • Defense and prosecution of multiple equitable actions seeking injunctive relief related to real property claims, appropriation of business opportunities and non-compete agreement.
  • Representation of federal defense contractor in alleged breach of contract action.
  • Defense of corporation entity in multiple quite title actions, claims for tortious interference, declaratory and emergency injunctive relief in relation to real property dispute.
  • Represented Limited Liability Company in suit brought by former LLC Members seeking the dissolution and disbursement of company assets and to remove LLC’s Managing Member.
  • Represented contractor in construction lien case resulting in the favorable reversal of improper trial court ruling which extinguished contractor’s lien rights.  Langley v. Knowles, 958 So. 2d 1149, Fla. 5th DCA 2007, serves as a seminal case on the “substantial performance” doctrine.
  • Obtained summary judgment in favor of developer by persuading circuit and appellate courts as to the application of exemption of federal reporting guidelines in interstate sale transactions of real property.
  • Successful jury trial defense of metal recycling company against claims by customer who claimed to have suffered personal injuries arising from alleged premises liability.
  • Obtained dismissal with prejudice of statutory and common claims brought against hospital and its administrative staff for loss of medical privileges to practice medicine at the hospital and for alleged breach of hospital By-Laws.
  • Defense of school against claims of unfair business practices, tortious interference and unfair competition brought by competing school who alleged theft of its curriculum by former teachers.
  • Representation of Homeowner’s Associations for alleged breach of its Covenants, Conditions, and Restrictions associated with property damage claims originating from common areas.
  • Defense of major transactional party in complex commercial litigation involving alleged scheme to defraud mortgage lender.  Claims presented arose from alleged fraud, federal and state civil racketeering (RICO) claims and negligence.
  • Representation of real property inspection company hired by national mortgage lender to maintain abandoned properties or those under default  for claims of trespassing and invasion of privacy claim brought by defaulted homeowner.
  • Representation of municipality and its medical staff for Federal civil rights, section 1983 claims brought by prisoner who alleged deliberate indifference to medical needs.
  • Defense of motel against trademark/trade-dress claims brought against it by major, nationwide motel chain.
  • Defense of industrial painting company against negligence claims following death of its employee in work related accident.  Successfully defended on grounds that “virtual certainty” exemption to worker’s compensation did not apply.
  • Representation of construction company as prime contractor in FDOT road widening project against claims of defect maintenance of traffic plan (MOT) alleged to have caused or contributed to motor vehicle accident which resulted in serious personal injuries to motorist.

Contact Information

Practice Areas

Admissions

  • Florida
  • Illinois
  • United States Supreme Court
  • United States Court of Appeals, Eleventh Circuit
  • United States District Court, Northern District of Florida
  • United States District Court, Middle District of Florida
  • United States District Court, Southern District of Florida
  • United States District Court, Northern District of Illinois

Education

  • Chicago-Kent College of Law, J.D. 1998
  • George Washington University, B.S., 1992
  • Macquarie University, Sydney, Australia, 1991