Kyle F. McCabe

Overview

Kyle McCabe is an associate in the firm’s Litigation and Dispute Resolution Practice Group. Kyle previously worked for Trenam as a Summer Associate while in law school. Additionally, he served as a Federal Judicial Extern for the U.S. District Court, Middle District of Florida under the Honorable Anthony E. Porcelli.

Representative Matters

Kyle represents clients in various areas of law including landlord-tenant law, labor and employment law, and general litigation. These matters have included:

Landlord-Tenant Law

• Represented a commercial landlord in eviction proceeding; obtained full payment of all past due rent, late fees, interest, and attorneys’ fees owed by the tenants without having to file the eviction action in court.
• Represented a residential property manager seeking possession and damages from a tenant who was behind on rent and caused physical damage to the property; despite CDC eviction moratorium in effect at the time, obtained judgment for possession and damages.
• Represented a residential tenant in specific performance suit to purchase the leased property from his landlords after they tried to back out of the contract; obtained mediated settlement whereby the tenant purchased the property.

Labor and Employment

• Represented an electrical contractor in a proceeding to enforce non-competition and non-solicitation agreements; obtained a settlement for damages resulting from a violation of an injunction.
• Represented a business in defending an unpaid wage claim; obtained partial summary judgment which significantly reduced the amount of potential damages.
• Represented a restaurant on satisfying minimum wage requirements under Florida and federal law.
• Represented a financial institution on document retention compliance with various Florida and federal laws.

General Litigation

• Represented a company in the auto warranty industry; obtained a final judgment denying and dismissing all claims against the company after a bench trial.
• Represented a financial company involved in a construction dispute; obtained dismissal of all counts prior to filing a response in the action.
• Represented a financial institution in a foreclosure action; obtained substitute service through the Secretary of State and a default judgment against the defendants who were concealing their whereabouts.
• Represented an insurance company defending a claim alleging breach of its policy; obtained favorable settlement prior to filing any responses or answering the plaintiff’s written discovery.
• Represented a global assistive technology provider that had a default entered against it in a writ of garnishment action; vacated default and obtained dismissal of garnishment.

Honors and Distinctions

While in law school:

• Edward D. Foreman Most Distinguished Student Award – May 2020 – Stetson University College of Law
• Nominee for the Order of Barristers – May 2020 – Stetson University College of Law
• Most Outstanding Associate – Spring 2020 – Stetson Law Review
• Research and Writing II: Employment Discrimination Teaching Assistant – Spring 2020
• South Texas Trial Team Member – Spring 2020 – Stetson University College of Law
• ABA Arbitration Competition National Qualifier – Spring 2020 – Stetson University College of Law
• ABA Tax Challenge Team Member – Fall 2019 – Stetson University College of Law
• Federal Income Taxation Teaching Assistant – Fall 2019
• Highest Grade Designation – Bankruptcy – Fall 2019
• Highest Grade Designation – Sales/Leases – Fall 2019
• Member of the Willem C. Vis International Commercial Arbitration Moot Competition Team
• Torts Teaching Assistant – Spring 2018
• Highest Grade Designation – Real Property – Spring 2018
• Highest Grade Designation – Torts – Spring 2018
• Dean’s List – Fall 2019; Spring 2019; Spring 2018; Fall 2017
• Intramural Basketball MVP – Stetson University College of Law

Professional Involvement

• Business Section of The Florida Bar
  • Legislative Task Force, Amending Chapter 48 of the Florida Statues, 2021