David S. Hendrix Attorney At Law

David focuses his practice on commercial litigation in both federal and state courts. This experience includes more than 100 jury trials and hundreds of non-jury trials, mediations, and arbitrations on behalf of large financial institutions, state and local government entities, medium to small businesses, and individuals on matters such as commercial/business litigation, including contract and corporate disputes; land disputes; non-compete disputes; and breach of fiduciary disputes, among others.

In addition to his commercial litigation practice, David is certified as a Florida Supreme Court circuit court mediator. View his mediator profile here.

David also has an impressive background in banking and finance related issues, which spans more than 25 years. David leads the firm’s Banking and Finance Team, which represents over 65 banks in the areas of litigation, transactions, creditors’ rights, special assets, and regulatory compliance. David and his Team have handled excess liability and "Bet the Company" litigation, class action defense, and finance litigation David routinely handles bank deposit litigation matters, consumer actions against financial institutions, UCC actions and has significant BSA/AML litigation, and consulting experience. 

• Background

  After graduating from Northwestern University with a degree in political science and a minor in history and literature of religions, David entered a financial systems program at Continental Bank in Chicago, Illinois, where he received concentrated training in the fields of audit compliance, cost accounting, financial analysis and banking. After participating in the FDIC workout and recovery of Continental Bank following the Penn Square Bank funding crisis, David entered law school at Case Western Reserve University in 1986.  While in law school, he earned the Dean’s Distinguished Advocate Award and represented the school at the regional finals of the National Moot Court Competition.

  David served as assistant state attorney with the State of Florida, Hillsborough County, from 1990 to 1993. As assistant state attorney, David held the positions of misdemeanor division chief, felony prosecutor and special prosecutor reporting to the Organized Crime Task Force in Tampa, Florida. He prosecuted hundreds of cases, including white collar fraud matters and murder cases.

• Education
  • Northwestern University, B.A., political science (1984)
    • Sigma Nu Fraternity
  • Case Western Reserve University College of Law, J.D. (1989)
    • Dean’s Distinguished Advocate Award
    • Phi Delta Phi
    • National Moot Court Team
    • Moot Court Board 
• Professional Associations and Memberships
  • The Florida Bar
  • Florida Supreme Court
    • Certified Circuit Court Mediator
  • Hillsborough County Bar Association 
• Admissions
  • Florida (1989)
  • U.S. District Court, Middle District of Florida (1989)
  • U.S. District Court, Southern District of Florida
  • U.S. Court of Appeals, 11th Circuit (1989) 
• Awards and Recognitions
  • AV Preeminent® rated by Martindale-Hubbell
  •  Best Lawyers in America , Banking and Finance Law, 2021-2023
  • Florida Super Lawyers, 2006
  • South Florida Top Rated Lawyer, Banking and Finance, 2015
  • Daily Business Review, Litigation Department of the Year, 2014, 2015
  • Tampa Top Rated Lawyer, Banking and Finance, 2013
  • Featured on cover of The American Lawyer magazine, June 2010   
  
  
• Civic
  • University of Tampa Board of Trustees, 2017
  • University of Tampa Family Association Board, Chair, 2017
  • Leadership Tampa, Class of 2017
  • Leadership Florida, Class XXV
  • Greater Tampa Chamber of Commerce
    • Executive Committee, 2005-2008
    • Board of Directors, 2005-2010
    • Public Policy and Government Relations, Chair, 2007
    • Small Business Enterprise, Chair, 2006
    • Benchmark Trip, Chair, 2005
    • General Counsel, 2004
  • Boy Scouts of America
    • Silver Antelope Award, 2016
    • National Eagle Scout Association Outstanding Eagle Scout Award, 2014
    • Southern Region
      • State of Florida, President, 2011-2013
      • State of Florida, Vice President, Council Operations, 2010-2011
      • Board of Directors, 2010-present
    • Gulf Ridge Council
      • President, 2008-2010
      • Board of Directors, 1996-present
    • Vice President, District Operations, 2006-2008
    • Vice President, Endowment, 2004-2006
  • Crime Stoppers of Pinellas County, Board of Directors, 2003-2005
  • Kiwanis Club of Florida, Board of Directors, 1997-2000
• Reported Cases
  • Eric Snover, Kay Strickland, and Mary Ellen Spinner, on behalf of themselves and all others similarly situated vs. Publix Super Markets, Inc., US District Court Middle District of Florida, Case No. 8:15-CV-2434-T-RAL-AAS - Successful defense of Publix Pharmacy in a Class Action matter claiming violations of the FCCPA. This claim sought class action certification of all customers of Publix Pharmacy but class certification was denied.
  • Delivered a win at the appellate level for Truist Bank in a class action. The appeal arose from the dismissal with prejudice of a class action against Truist Bank asserting alleged violations of Florida’s U.C.C. and Florida’s Consumer Collection Practices Act based on an allegedly defective pre-disposition notice under Section 679.614, Florida Statutes.
  • Terrell Owens v. BB&T, 0:13-cv-60669; Samari Rolle v. BB&T, Case No. 0:13-cv-60976; Anderson, et al. v. BB&T, Case No. 0:13-cv-62381-WPD - Successful defense of a series of cases brought by 20 current and former high profile NFL players alleging Negligence, Breach of Contract and statutory claims demanding the reimbursement of investments made through a professional financial concierge company totaling over $80 million.
  • Liberty Channelside LLC v. Tampa Port Authority and the Irish Bank Resolution Corp., Case No. 1:13-op-52542- Successful defense of Tampa Port Authority and subsequent resolution of all claims in an adversary Chapter 15 Bankruptcy proceeding in Delaware where $12 million in damages were sought. Liberty’s complaint was an attempt to assert control over Channelside Bay Plaza, a retail center which was built on land owned by the Tampa Port Authority and subject to a ground lease requiring a first-class specialty retail center.
  • Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194 (2011) — successful appeal to the 11th Circuit Court of Appeals that resulted in a reversal of the lower court’s previous decision that SunTrust had waived its right to arbitrate a class action case on an individual basis by virtue of its participation in litigation prior to the plaintiffs filing an amended complaint.  In a case of first impression, the 11th Circuit Court of Appeals held that when a plaintiff files an amended pleading that unexpectedly changes the shape of the litigation, a defendant’s right to assert a right to arbitration is revived, even if the defendant had previously waived its right to arbitrate. The 11th Circuit held that the amended complaint at issue contained a dramatically larger proposed class definition and that, therefore, SunTrust’s right to compel individual arbitration was revived.
  • Sullo v. NationsBank N.A., 755 So.2d 822, 5th Fla. App. District, 2000 (Brooksville, Florida) — obtained a defense verdict at trial and prevailed on appeal with a written opinion resulting in a change in the law favorable to lending institutions — successful defense of appeal, 755 So. 2d 822 (Fla. DCA 2000), cert. denied, 776 So. 2d 277 (Fla. 2000).
  • Woods v. Bank of America Insurance Corp., 3rd Judicial District of Florida, 2002 (New Port Richey, Florida) — obtained a jury trial defensive verdict for Bank of America insurance Corp. on claims of fraud and bad faith.
  • Mills v. NationsBank, N.A., 3rd Judicial District of Florida, 1999 (Lake City, Florida) — successful defense of a $42 million claim resulting in only nominal damages. On appeal this case was the first case in the state of Florida to invoke federal law on a state level, which does not require National Association Banks to file appellate bonds.
  • Island Renovations v. NationsBank, N.A., 12th Judicial District of Florida, 1999 (Sarasota, Florida) — successful defense of a $1 million claim resulting in an award of attorney’s fees judgment in favor of NationsBank, N.A., which were collected.
  • Wolf v. SunTrust Bank, 6th Judicial District of Florida, 2003 (Dade City, Florida) — obtained an unappealed summary judgment with a written opinion in favor of SunTrust Bank, upholding contractual provisions that modify statutory provisions.
  • Wagner v. Equicredit Corp. of America, 12th Judicial District of Florida, 2004 (Sarasota, Florida) — obtained a court order dismissing with prejudice upon motion to dismiss a multimillion-dollar class action claim.
  • Schmidt v. Multimedia and Brief v. Cape Publications, Federal Middle District of Florida, 2004 (Tampa, Florida) — successful defense of $3 billion class action claim, resulting in a dismissal with prejudice.
  • Sterling Asset and Equity Corp., et al. v. BB&T Leasing Corp., et al., U.S. District Court, Southern District of Florida, 2004 (Miami, Florida) –- successful defense of class action claim resulting in a dismissal prior to class certification.
  • Sea Weed III v. Tampa Port Authority — successful defense of a $50 million claim against Tampa Port Authority for submerged land claims in the trial court and successful defense of judgment upon appeal.  940 So.2d. 441 (Fla. 2nd DCA, 2006).
  • BB&T v. Binder — successful appeal of lower court ruling obtained by separate counsel reversing trial court’s ruling, resulting in a ruling in favor of BB&T.  946 So. 2d. 572 (Fla. 2nd DCA, 2006).
  • Carliner v. SunTrust Bank, 5th Judicial District of Florida, 2008, Case Number H0027-CA-2007-002328 — successful defense of a significant class action claim, resulting in dismissal with prejudice.
  • Frazier v. HSBC Mortgage Services, Inc., 11th Fla. App. District, 2010 — successful defense of lower court ruling granting summary judgment in favor of bank client.
  • Citizens Property Insurance Company v. Poe Financial Group, Inc., Federal Middle District of Florida, 2008 (Tampa, Florida) — successful appeal overturning lower court ruling adverse to Citizens; first ruling on record that recognizes Citizens as a state entity entitled to assert 11^th Amendment immunity.
  • Lesti et al. v. SunTrust Bank et al., Case 2:11-cv-00695-JES-DNF — Successful defense of class action case which resulted in a dismissal, with prejudice, prior to class discovery and class certification.  Claims potentially exceeded more than $318,164,754.01.
  • Braham et al. v. Branch Banking and Trust Company, Case No. 2012-CA-0011668-0 — Successful defense of a class action case resulting in dismissal prior to certification by arguing that Florida Statute § 655.85, which plaintiffs claimed prevented financial institutions from charging non-account holders a fee in exchange for cashing a check drawn on an account held at the bank, did not create a private right of action. The ruling was significant in that it effectively allowed state-chartered banks transacting business in Florida to continue to charge fees in exchange for cashing checks presented by non-customers, despite a previous Florida court decision that prohibited such fees.   
• Articles and Publications
  • Co-Author, "Decision Could Change Class Action Landscape- Or Leave More Questions," Daily Business Review, 2016
  • Co-Author, "Consumer Lending Regulatory Compliance," National Business Institute, 2002
  • Co-Author, "Protecting the Legal Rights of Florida Citizens in Consumer Transactions," National Business Institute, 2002
  • Co-Author, "Challenges in Florida Commercial Lending Practices," National Business Institute, 2003
  • Co-Author, "Lender Liability in Florida," Lorman, 2012
• Presentations and Seminars
  • "Consumer Finance Protection Bureau (CFPB) update on Regulatory Actions," Tampa Bay Area Financial Professionals Quarterly Meeting, December 16, 2022
  • Frequent speaker and lecturer for National Business Institute on topics of banking litigation, the Consumer Collections Practice Act and slander of credit litigation.
• Media
  • "Mixed signals: Recession not a certainty, but likely, economists say," Business Observer, October 18, 2022 
  • "Tampa CEOs Come Together To Construct Homes For Habitat For Humanity," Patch, March 27, 2023