Joshua S.M. Smith

How Josh Helps Clients

Josh's practice focuses on complex commercial and business litigation, contract disputes, shareholder and partnership disputes, real estate disputes, eminent domain, environmental litigation, products liability, and government contracting.

With more than 20 years of experience, Josh litigates cases on behalf of his clients in all state and federal courts throughout Florida as well as arbitrations before the American Arbitration Association.

His clients include national and international technology companies, government contractors, real property owners throughout the state, banks, lending institutions, homeowners’ and condominium associations,  and regional and national businesses operating in a broad range of industries throughout Florida.  

Josh prides himself on understanding his clients' fundamental goals. He strives to avoid problems in advance, solves those that can’t be avoided, and ultimately adds value to his clients’ businesses, so they can focus their energies where they prefer.

What Clients Can Expect

Josh is an aggressive and practical litigator who works with his clients to develop strategies tailored to their long-term goals. Clients hire Josh because they know he will thoughtfully protect their businesses and prosecute their claims. Josh has been recognized by Florida Super Lawyers Magazine and has received the AV^® Preeminent distinction, the highest available mark for professional excellence from Martindale-Hubbell’s Peer Review Ratings. Additionally, he has been listed in the 2023 & 2024 editions of The Best Lawyers in America for Commercial Litigation.

Outside the Office

Josh enjoys spending time with his wife and four sons, especially outdoors. Together they have hiked, camped, and mountain-biked in state and national parks across the country. They have completed a number of marathons and ultra marathons together. When they do sit down, they prefer it be on a boat or a beach.

Prior to college, Josh served in the U.S. Army Infantry as a member of the First Cavalry Division and was stationed at Ft. Benning, Georgia and Ft. Hood, Texas.

Proof Points

• Successfully defended homeowners’ association and all individual homeowners against an association resident’s lawsuit seeking declaratory relief that the resident's home was not subject to the association’s restrictive covenants. After prevailing on summary judgment on all counts of plaintiff's claims and defendants’ counterclaims, judgment was affirmed on appeal, and client recovered all fees and costs incurred in the trial court as well as on appeal.
• Successfully defended property owner against claims for civil theft, conversion, civil conspiracy, declaratory relief, and injunctive relief, all relating to the ownership of thousands of palm trees planted on client’s property. Summary judgment was affirmed on appeal, and client was awarded fees at all stages of litigation and appeal.
• Litigated and successfully negotiated favorable results in dozens of eminent domain and property rights cases on behalf of a variety of property owners around the state, from individual homeowners to national businesses.
• Obtained a settlement on behalf of a major developer for more than double the amount initially offered by condemnor and secured various non-monetary benefits for the client.
• Obtained favorable settlement for a large regional bank involving eminent domain taking that impacted parking and access.
• Obtained favorable settlement against buyer of real property for failure to pay post-closing amounts as they became due.
• Obtained a plaintiff’s verdict after trial against neighboring business owner in case involving a property boundary dispute and encroachment.
• Obtained dismissal of federal complaint alleging fraud, civil theft, unjust enrichment, and RICO violations against government contractor involving the international sale of weapons and munitions.  Affirmed on appeal and fees awarded to client.
• Successfully defended a bid protest through trial before the Division of Administrative Hearings of a multi-million dollar Florida Department of Corrections contract.