Gary S. Phillips - Phillips, Cantor, Shalek, Rubin & Pfister, P.A.

Gary S. Phillips

Listed in Best Lawyers since 2012
Phone: 954-966-1820

Gary S. Phillips, an AV-rated attorney, founded and manages Phillips, Cantor & Shalek, P.A. Having practiced law in the state of Florida since 1982, he has tried cases involving all phases of business, real estate, construction, employment, and condominium litigation. He knows and understands South Florida's diverse business, demographic and socioeconomic issues, and he is featured in Best Lawyers in America, Florida Trend magazine's Florida Legal Elite, South Florida Leagal Guide's "Top Lawyers," and Florida Super Lawyers list. Phillips was also a finalist recognized by the Daily Business Review as one of Florida's most effective lawyers for 2008.

University of FloridaBA 1978University of FloridaJ.D. 1981
Brandon Merrritt Memorial Foundaton

Case History

Opera Tower adv. Weaver

In October 2004, when the real estate market was sizzling, numerous Buyers entered into  Purchase and Sale Agreements to purchase a condominium in the Bay-front condominium high rise called Opera Tower.  The condominium building is now substantially complete.  The real estate market has taken a turn for the worse, and the Plaintiffs desperately looked for a way out of their contractual obligations.     

In an oft cited opinion the Federal District Court Judge ruled that the complaint failed to state a claim and a matter of law and the buyers were not entitled to a refund of their deposits. This was one of the first cases favoring developers contracts and determining that Under ILSA, only an “untrue statement of material fact” is actionable.  The same is true for section 718.506 -- only a “false or misleading” “material statement or information” is actionable. 

The court also determined that Buyers cannot establish a fundamental elements of their ILSA and Chapter 718 claims -- the requirement that they reasonably relied upon the language in the sales brochure in purchasing their condominium.  

Liquidated damages case

This case concerns a buyer’s repeated breaches over a series of seven contracts to purchase a multimillion-dollar condominium building then in development near the waterfront in downtown Miami in 2007.  The sale of this condominium development was a complex commercial real estate transaction among sophisticated parties, with the buyer represented by sophisticated counsel.  Despite having negotiated and executed the seven contracts, several of which were necessitated by the buyer's preceding breaches, the buyer failed to close and simply walked away from the South Florida condominium development in December 2007 leaving $114,500,000 in deposits behind. 

The Trial Court rejected the buyer’s Johnny-come-lately claim and, in a three-page opinion, dismissed the action with prejudice.   That buyer,, appealed the Trial Court's dismissal, insisting that Plaintiff is entitled to the return of funds properly retained by the Seller.

Plaintiff incorrectly contended that there was a single contract in which $114,500,000 were paid as deposits.    We argued and prevailed because there was not one contract, but seven, notwithstanding the label of amendments to contracts. The amendments actually constituted new contracts requiring additional deposits.

Office Location

4000 Hollywood Boulevard, Suite 500 North
Hollywood, FL 33021
United States

Practice Areas

Litigation - Real Estate

Other Information

Gender: Male