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David Plante
is an experienced trial lawyer who has been practicing law in
the Tampa Bay area for the last fourteen years. Mr. Plante is
proud of the fact that he spent five of those years as a law
partner of the late Robert W. Merkle, the former United States
Attorney for the Middle District of Florida, and the five years
prior to that as an associate attorney in Mr. Merkle's firm.
Prior to moving
to the Tampa Bay area, Mr. Plante served as a judicial law clerk
to the Honorable G. Ross Anderson, United States District Court
Judge for the Greenville Division of South Carolina. Mr. Plante
was fortunate to be able to perform his federal law clerk duties
at both the district court (trial court) level, as well as the
circuit court (U.S. Court of Appeals) level.
Mr. Plante was
awarded a merit recruitment scholarship to attend the University
of South Carolina School of Law. Mr. Plante obtained his juris
doctor degree in 1992 from that University with Honors. While
attending law school, Mr. Plante was selected to serve as
Articles Editor for the American Bar Association's Real
Property, Probate & Trust Journal and was elected to the
Executive Board of the University of South Carolina School of
Law's Student Bar Association.
Prior to
attending law school, Mr. Plante was employed in a regional
management capacity by a large multinational corporation. Mr.
Plante also obtained a Bachelor of Arts degree in Political
Science from Florida Atlantic University with Honors. Mr.
Plante is also an active real estate investor and property
manager in Hillsborough and Pinellas Counties.
Mr. Plante's
areas of practice are quite diverse. Such areas include, but
are not limited to, Business Transactions and Litigation, Real
Estate Transactions and Litigation, Employment Transactions and
Litigation, Family Law Matters, Criminal Law Matters, Post
Conviction Relief, Construction Law, Licensure and Regulation
Issues and State, Federal and Administrative Appeals. The
reported appellate cases that Mr. Plante has litigated and
argued include: St. George v. Pinellas County Sheriffs
Department, 285 F.3d 1334 (11th Cir. 2002) (reversal of
dismissal of a civil rights claim against a sheriff’s deputy
relating to his killing of a fifteen year old child); Garbutt
v. LaFarnara, 754 So.2d 727 (Fla. 2d DCA 1999) ($1.75
million verdict obtained against former City Commissioner of
Treasure Island for physical and emotional abuse of the
Plaintiff defended); Johnson v. Fla. Department of Health and
Rehabilitative Services, 695 So.2d 927 (Fla. 2d DCA
1997)(seminal case establishing a Plaintiff’s right to sue both
individual State actors as well as the State agency that
employed them, despite language in Florida’s waiver of sovereign
immunity statute which had previously been construed to create a
mutually exclusive right to sue either the individual actor or
agency, both not both); Upshaw v. Singletary, 54 F.3d 718
(11th Cir. 1995) (reversed denial of evidentiary hearing on
claims of Federal Habeas Corpus relief in relation to conviction
for allegedly killing three children during an act of arson);
Castro v. The Honorable Richard A. Luce, 650 So.2d 1067
(Fla. 2d DCA 1995) (reversed trial court’s denial of Appellant’s
motion for trial judge’s disqualification); Johnson v.
Sackett, 793 So2d 20 (Fla. 2d DCA 2001)(seminal case holding
that an employee of the State Department of Health and
Rehabilitative Services is not entitled to immunity, neither
absolute nor qualified, in a State malicious prosecution action
in which it is established that the employee filed a Dependency
Petition without probable cause and for a malicious purpose.);
Harper v. Harper, 848 So2d 1179(Fla. 2d DCA
2003)(successfully defended trial court’s ruling that marriage
of a dependent adult child to an individual who is also mentally
incapacitated is not an emancipating event warranting
termination of a parent’s support obligation).
Mr. Plante is
also proud of the decision in the DeLeon vs. The Department
of Retirement Services, Case # 04-0266 (February 23, 2005)
in which he was able to obtain In the Line of Duty Death
Benefits for a Hillsborough County Sheriff’s Deputy's widow
whose husband died of a heart attack while working at his bait
and tackle shop. Another decision that Mr. Plante was involved
in obtaining is Inquiry Concerning a Judge, Re: The
Honorable Charles W. Cope, Florida Supreme Court, NO.
SC01-2670 (May 29, 2003) (successfully defended claims which if
proven would have resulted in the judge's permanent removal from
the bench). These reported cases represent only a small
fraction of the type of aggressive legal representation that Mr.
Plante has provided to his clients over the last twelve years.
Mr. Plante is a member
of the following sections of the Florida Bar: Business Law; Real
Property; Probate and Trust and Labor & Employment Law
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