Litigation - Real Estate
Dana Clayton
Recognized in Best Lawyers since 2010 Awarded Practice Areas
Biography
With comprehensive knowledge across all asset classes, Dana Clayton represents clients in real estate litigation in federal and state court. Her clients include Fortune 100 financial institutions, REITs, developers, retailers, and public and private real estate companies in disputes in financing, sales, dispositions, construction, breach of contract, development, landlord tenant, brokerage commission, eminent domain, and other matters.
Dana also represents national retailers in land use, environmental, and geotechnical litigation matters.
Overview
- University of Miami School of Law, J.D., graduated 1991
- Florida, The Florida Bar
- The Florida Bar - Member
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Eleventh Circuit
- Florida, The Florida Bar
- The Florida Bar - Member
- University of Miami School of Law, J.D., graduated 1991
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Eleventh Circuit
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Litigation - Real Estate
Additional Areas of Practice:
- Commercial Litigation
- Real Estate Law
Awards:
- Martindale-Hubbell 2002-2017, AV Rated Preeminent
News & Media
Additional Information
- Published Work and Lectures
- Akerman Real Estate CLE Webcast, Presenter, "Commercial Lease Provisions in New York and Florida - Part 2," March 24, 2016
- Akerman Real Estate CLE Webcast, Presenter, "Commercial Lease Provisions in New York and Florida - Part 1," November 12, 2015
- Practical Law Company, Co-Author, "Real Estate Leasing: Florida," 2012
- Representative Experience
- Representation of a landowner of a multi-million dollar commercial property in Miami Beach. The defendant is a national franchisee who alleged that it had an interest in our client's real property as a result of renewal and purchase options.
- Representation of an international commercial developer who developed the second tallest building in downtown Miami. In these lawsuits, the purchasers have alleged violations of the Interstate Land Sales Full Disclosure Act, Florida's Deceptive and Unfair Trade Practices Act, and the Florida Condominium Act.
- Representation of an international developer in a profit sharing dispute with the former mayor of a local town. The developer filed a lawsuit against the former mayor for breach of contract and misrepresentation.
- Representation of one of the largest retailers in a federal lawsuit involving claims for negligent environmental and geotechnical work arising from its purchase of a $20 million property.
- Representation of one of the largest publicly traded companies with respect to their commercial real estate portfolio in Florida; handled dozens of lawsuits on behalf of this client, which cases involved lease disputes and claims arising from the use of commercial and mixed-use properties.
- Representation of a national commercial developer in a specific performance case arising from the purchase of a $100 plus million new mixed-use project in Miami; the specific performance claim was effectively clouding title to our client's property and preventing the owners from refinancing or selling the project.
- Representation of a national retailer in a multi-million dollar case involving the ownership of monitoring wells that were installed on the defendant's property as part of the retailer's due diligence.
- Representation of a national real estate company against one of its largest anchor tenants in a lawsuit for constructive eviction and breach of contract arising from a $100 million renovation of a Florida mixed-use project.
- Mary and Edgar Ortegon v. Leviev Boymelgreen Marquis Developers LLC, 13 So. 3rd 478 (Fla. 3d DCA 2014)
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