Ryan J. Mittauer

Attorney
  • 50 North Laura Street
  • Suite 1200
  • Jacksonville, FL 32202

Ryan Mittauer is an experienced and value-add commercial litigator focused on representing companies and individuals in contract and real estate litigation, business torts, shareholder and partner disputes, fiduciary claims, and commercial landlord/tenant matters.

A significant portion of Ryan’s practice includes representing financial institutions in all aspects of commercial loan defaults, including foreclosures, workouts, enforcement of security interests, collateral recovery, receiverships and loan sales as well as Chapter 7, 11 and 12 bankruptcy proceedings. Ryan’s practice also includes defending financial institutions against lender liability claims involving alleged violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act, and the Telephone Consumer Protection Act.

Ryan also serves as outside general counsel for a number of companies, including a national operator of studio fitness gyms, advising on a variety of leasing, acquisition, disposition, and corporate governance matters.

Ryan J. Mittauer

Areas of Practice

  • Business and Commercial Litigation
  • Creditors' Rights/Bankruptcy

Education

  • B.S., Furman University, 2007; cum laude; Biology
  • J.D., University of Florida Levin College of Law, 2011; cum laude

Court Admissions

  • Florida
  • U.S. District Court for the Middle District of Florida

REPRESENTATIVE MATTERS

    Financial Institutions/Creditors
  • Represented Farm Credit Association in connection with $7 million commercial loan default resulting in a successful foreclosure of more than 1,500 acres.
  • Represented regional lender with enforcement of an $8 million lending relationship, including obtaining relief from automatic stay and foreclosure of more than 1,000 acres.
  • Represented assignee of the Federal Deposit Insurance Corporation in connection with a $2 million deficiency resulting in a seven-figure recovery from guarantors.
  • Represented lender in $3 million commercial loan default against hotel owner, including obtaining a court-ordered appointment of a receiver and a successful foreclosure.
  • Represented SBA lender in two chapter 11 cases of entity and individual debtors, resulting in resolution of both bankruptcy cases, which included dismissal with prejudice of a lender liability claim and surrender of collateral securing a $2 million loan.
  • Represented national lender in defense of a class action alleging violation of the Telephone Consumer Protection Act, resulting in court approved settlement before class certification.
  • Defended lender against claims for violations of Fair Debt Collection Practices Act (FDCPA) and Chapter 7 discharge order, including obtaining dismissal with prejudice of FDCPA claims resulting in de minimis settlement with plaintiff.

Other Matters

  • Defended trustees of employee stock ownership plan against $30 million breach of fiduciary duty claims resulting in favorable settlement for clients.
  • Represented former owner of The Jacksonville Landing in connection with breach of lease agreement with the City of Jacksonville resulting in successful buy-out of the lease.
  • Obtained $3.5 million final judgment on behalf of the former owner of The Jacksonville Landing in a recission action seeking to rescind a 7-year-old purchase and sale agreement entered into with the City of Jacksonville for the parking lot servicing The Jacksonville Landing.
  • Represented client in connection with breach of a 30-year-old oral agreement involving phantom stock interest in a large grain distribution company that defendants claimed was extinguished by a general release executed in connection with client’s severance from the company. Representation included successfully obtaining a punitive damages assertion against defendants based on evidence the general release was procured through defendants’ fraudulent misrepresentations resulting in a seven-figure settlement for client.
  • Represented member in connection with a breach of fiduciary duty claim against manager of a limited liability company for manager’s unlawful adoption of a self-interested management agreement designed to divert 90 percent of company’s revenue to manager at client’s expense. Client obtained a seven-figure settlement.
  • Obtained permanent injunction on behalf of an industrial client enjoining adjacent property owner from disseminating known carcinogen onto client’s facility.
  • Represented class of victims of a Ponzi-scheme perpetrated by 1031-intermediary exchange agent.

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