Eric Alan Latinsky

Eric Alan Latinsky

Location:
Daytona Beach, Florida
Phone:
386-492-8694
877-509-1400
Fax:
386-255-8100
Email:

When I went to law school in 1976, I wanted to become someone who could help the average person defend himself against the powerful Government or the wealthy Corporation. I wanted to help people live free and defend the rights of the individual; "live and let live." To this day, when I see six people selected for a Jury, I see my chance to be that someone. I see a chance to help six people do justice for an average person, I see a chance for six people to do what is fair and what is right and nothing makes me happier than to see those six people show us there is still hope for fairness and justice in our legal system. 

Over the last thirty years, I have obtained not guilty verdicts and dismissals in criminal cases and large verdicts, judgments and settlements for my clients in civil cases including two claims against trampoline companies, a motorcycle crash Jury verdict for $392,200.00, a judgment for $3,000,000.00 in a wrongful death non-jury proceeding, a settlement over $2,000,000.00 for a aviation wrongful death and other significant recoveries. While I am proud of these recoveries and of the "not guilty" verdicts for my clients, I can say that I feel the most reward when the little guy wins, whether it is an unfair traffic ticket or a multi-million dollar settlement against a powerful Company. 

I was admitted to the Florida Bar in 1980, the Federal Bar for the Middle District of Florida and the Federal Eleventh Circuit Court of Appeals in 1981 and admitted to practice before the United States Supreme Court in 1985. I began my law career before law school when I had a chance to work at the Palm Beach Public Defender's office shortly after I received my Bachelors of Sciences in Business Administration at University of Florida, with honors. Working at the public defenders office, I learned what it would really be like to practice law – I researched, drafted and assisted with pre-trial motions and ultimately was able to participate in some jury trials and hearings. While I would go on to work in the private sector, the public defender's office gave a name and a direction to my passion – it turns out I am in love with the Bill of Rights – the first ten amendments to the U.S. constitution. And over thirty years later, I am still as dedicated to its defense I was then, although I have a lot less hair. 

Consistent with my beliefs in personal freedoms and liberties, during the 1980's I was a member of the First Amendment Lawyers association which focused on constitutional law issues surrounding free speech. Today, I am also a member of the Volusia County Civil Trial Lawyers Association and also the Florida and Volusia Association of Criminal defense lawyers.

In the past 30 plus years I have been lead counsel in well over 100 civil and criminal trials and had the honor of representing many colorful individuals including "Prince Mongo" of the Planet Zambodia! I have also been counsel in over 100 administrative proceedings of various types and enjoy appellate work. Some of the favorable District Court of Appeal decisions I have obtained are:

CKN Airways, Inc. v. Flagler County, 441 So.2d 1103, 1104 (Fla. 5th DCA 1983) finding that "the circuit court was in error in denying the repeated demands by the defendants for a jury trial on the various factual issues presented by the complaint and the counterclaims" in a case involving allegations that my client had breached a lease with Flagler County.

State, Dept. of Highway Safety & Motor Vehicles v. Meck, 468 So. 2d 993 (Fla. 5th DCA 1984) 469 So.2d 748,( Fla. 1985) agreeing with circuit court that Florida’s Habitual Traffic Offender statute, being penal in nature, must be strictly construed, resulting in my client 5 year revocation being set aside and presumably many others.

Napolitano v. Sec. First Fed. Sav. & Loan Ass'n, 533 So.2d 948, 950 (Fla. 5th DCA 1988) reversing a summary judgment entered by the circuit court in favor of a bank and finding that a genuine issue of material fact existed as to whether the bank had negligently failed to timely record a notice of commencement causing my client damages. This ruling lead to a favorable resolution for my client.

State v. Milo, 596 So.2d 722, 723 (Fla. 5th DCA 1992) "Willful, intentional destruction of evidence requires sanctions. Bad faith destruction of evidence requires dismissal of the charges." Dismissal due to police misconduct affirmed.

Dep't of Highway Safety & Motor Vehicles v. Pelham, 979 So.2d 304, 306 (Fla. 5th DCA 2008) review denied, 984 So.2d 519 (Fla. 2008) The Court again disagreed with Dhsmv's broad interpretation of a suspension statute finding; "It necessarily follows that an individual does not violate the Implied Consent Law when he or she refuses to take a test that is not incidental to a lawful arrest." This ruling resulted in the reinstatement of my client's drivers license and eventually many others.

Avalon Legal Info. Services, Inc. v. Keating, 110 So. 3d 75, 78 (Fla. 5th DCA 2013) affirming the trial court's non-final order entering a temporary injunction in favor of my client in accordance with a non-compete/non-solicitation agreement.

I have obtained three favorable published decisions granting Petitions for Writ of Certiorari requiring the Department of Highway Safety and Motor Vehicles to vacate permanent revocations of my clients driver's license; Phelps v. State, Dept. of Highway Safety & Motor Vehicles, 17 Fla. L. Weekly Supp. 1167a (Fla. 7th Cir. Ct. 2010), Gadson v. State, Dept. of Highway Safety & Motor Vehicles, 18 Fla. L. Weekly Supp. 497a (Fla. 7th Cir. Ct. 2010) Murphy v. State, Dept. of Highway Safety & Motor Vehicles, 19 Fla. L. Weekly Supp. 219a (Fla. 7th Cir. Ct. 2011) review denied without opinion (5th DCA 2011).

In addition to practicing law, I am a proud husband and father. My wife, Doris and I have been happily married for over 20 years. I am proud to say that Joshua has a Masters in Business Administration from University of Tampa, Andrew has a Masters in Sociology from University of Central Florida and is participating in a doctorial program at Florida State University and Ethan has a Masters in Accounting from University of South Florida. As my boys grew I became a coach for the Port Orange Recreational soccer, baseball and basketball leagues and also coached little league baseball in South Daytona. Ethan became involved in competitive soccer at age 7 so my next 11 years were spent as an assistant coach and team manager for the "Stingrays" of the Port Orange Soccer Club (POSC). I also served on the board of directors, then vice president and finally president of the POSC. I was active in the Cuong Nhu Oriental Martial Arts Association and eventually earned a black belt and first dan. I was an instructor at the Daytona Beach Cuong Nhu school until 1990 when I “retired” to be more active in the lives of my young children. Eventually, I returned to my roots and Andrew and I attended the Yoshikai Karate School in Port Orange earning brown belts.

In my advanced middle age I now attempt to golf and jog.

Areas of Practice

  • Criminal Defense

Bar Admissions

  • Florida, 1980
  • U.S. Supreme Court, 1985
  • U.S. District Court Middle District of Florida
  • U.S. Court of Appeals 11th Circuit, 1981

Education

  • University of Florida College of Law, Gainesville, Florida
  • University of Florida
    • Bachelors of Sciences in Business Administration
    • Honors: With Honors

Representative Cases

  • CKN Airways, Inc. v. Flagler County, 441 So.2d 1103, 1104 (Fla. 5th DCA 1983)
  • State, Dept. of Highway Safety & Motor Vehicles v. Meck, 468 So. 2d 993 (Fla. 5th DCA 1984) 469 So.2d 748,( Fla. 1985)
  • Napolitano v. Sec. First Fed. Sav. & Loan Ass'n, 533 So.2d 948, 950 (Fla. 5th DCA 1988)
  • State v. Milo, 596 So.2d 722, 723 (Fla. 5th DCA 1992)
  • Dep't of Highway Safety & Motor Vehicles v. Pelham, 979 So.2d 304, 306 (Fla. 5th DCA 2008) review denied, 984 So.2d 519 (Fla. 2008)
  • Avalon Legal Info. Services, Inc. v. Keating, 110 So. 3d 75, 78 (Fla. 5th DCA 2013)
  • Phelps v. State, Dept. of Highway Safety & Motor Vehicles, 17 Fla. L. Weekly Supp. 1167a (Fla. 7th Cir. Ct. 2010)
  • Gadson v. State, Dept. of Highway Safety & Motor Vehicles, 18 Fla. L. Weekly Supp. 497a (Fla. 7th Cir. Ct. 2010)
  • Murphy v. State, Dept. of Highway Safety & Motor Vehicles, 19 Fla. L. Weekly Supp. 219a (Fla. 7th Cir. Ct. 2011) review denied without opinion (5th DCA 2011)
  • Avalon Legal Info. Services, Inc. v. Keating, 110 So.3d 75, (Fla. 5th DCA 2013)
  • Department of Highway Safety & Motor Vehicles v. Pelham, 979 So.2d 304, (Fla. 5th DCA), review denied, 984 So.2d 519 (Fla.2008)
  • Khalaf v. City of Holly Hill, 652 So.2d 1246, (Fla. 5th DCA 1995)
  • Student Alpha Id No. Guja v. Sch. Bd. of Volusia County, 616 So.2d 1011 (Fla. 5th DCA 1993)
  • State v. Milo, 596 So.2d 722, (Fla. 5th DCA 1992)
  • Miller v. Nelson, 550 So.2d 1193 (Fla. 5th DCA 1989)
  • Napolitano v. Sec. First Fed. Sav. & Loan Ass'n, 533 So.2d 948 (Fla. 5th DCA 1988) interpret Section (b) of the ordinance
  • Baxter v. State, 488 So.2d 647 (Fla. 5th DCA 1986)
  • Del Percio v. City of Daytona Beach, 449 So.2d 323 (Fla. 5th DCA 1984) decision quashed, 476 So. 2d 197 (Fla. 1985)
  • State, Dept. of Highway Safety & Motor Vehicles v. Meck, 468 So. 2d 993(Fla. 5th DCA 1984) review denied, 469 So.2d 748, (Fla. 1985)
  • CKN Airways, Inc. v. Flagler County, 441 So.2d 1103 (Fla. 5th DCA 1983)
  • Futch v. State, Dept. of Highway Safety & Motor Vehicles, 21 Fla. L. Weekly Supp. 16b (Fla. 7th Cir. Ct. 2013)
  • Brady v. State, Dept. of Highway Safety & Motor Vehicles, 20 Fla. L. Weekly Supp. 1107b (Fla. 7th Cir. Ct. 2012)
  • Gibson v. State, Dept. of Highway Safety & Motor Vehicles, 20 Fla. L. Weekly Supp. 1034a (Fla. 7th Cir. Ct. 2013)
  • Ciresi v. State, Dept. of Highway Safety & Motor Vehicles, 19 Fla. L. Weekly Supp. 690a (Fla. 7th Cir. Ct. 2011)
  • Bremer v. State, Dept. of Highway Safety & Motor Vehicles, 18 Fla. L. Weekly Supp. 15a (Fla. 7th Cir. Ct. 2010)
  • State v. Wright, 17 Fla. L. Weekly Supp. 717a (Fla. Vol. Cty. Ct. 2008)
  • State v. Gilbert, 15 Fla. L. Weekly Supp. 914a (Fla. Vol. Cty. Ct. 2008)
  • Grant and Cat Tail Corner, Inc v. County of Volusia, 15 Fla. L. Weekly Supp. 904a (Fla. 7th Cir. Ct 2008)
  • State v. Oliver, 14 Fla. L. Weekly Supp. 469b (Fla. Vol. Cty. Ct. 2006)
  • State v. Allen, 14 Fla. L. Weekly Supp. 172a (Fla. Vol. Cty. Ct. 2006)
  • Lucas v. State, Dept. of Highway Safety & Motor Vehicles, 1 Fla. L. Weekly Supp. 6b (Fla. 7th Cir. Ct. 1992)

Lectures and Speaking Engagements

  • Instructor, Daytona Beach Cuong Nhu school, 1990

Professional Accomplishments

  • First Amendment Lawyers Association, Member
  • Volusia County Civil Trial Lawyers Association, Member
  • Florida Association of Criminal Defense Lawyers, Member
  • Volusia Association of Criminal Defense Lawyers, Member

Past Employment Positions

  • Palm Beach Public Defender's Office

Pro Bono Activities

  • Port Orange Soccer Club (POSC), Board of Directors, Vice President and President
  • Cuong Nhu Oriental Martial Arts Association