Austin T. Hamilton

Austin T. Hamilton is a partner at Lesak, Hamilton, Calhoun & Pontieri and has extensive experience in complex litigation. Austin has a wide business litigation practice serving clients in various industries and serving as lead counsel in complex and strategically critical litigation. Austin is Board Certified by the Florida Bar in Business Litigation and has a proven track record of successful outcomes for his clients.

Austin has dedicated his career to helping individuals and businesses navigate legal challenges they cannot resolve on their own. His practical approach, commitment to honest and direct legal counsel, and his consistent focus on serving his clients’ best interests helps make him a trusted advocate for individuals and businesses nationwide.

Strategic Counsel & Industry Leadership

Austin is one of the elite 1% of Florida attorneys to hold Board Certification in Business Litigation from the Florida Bar, demonstrating his exceptional knowledge and expertise in his field. Austin is rated AV® Preeminent™, which is the highest peer-review rating from Martindale-Hubbell for ethical standards and legal ability. He has been selected by Florida Super Lawyers as a Rising Star® since 2018 for excellence in business litigation, and he was recognized in 2024 and 2025 by The Best Lawyers in America® for commercial litigation and real estate law.

While Austin is located in Jacksonville, Florida, Austin represents clients throughout the State of Florida in a wide range of business and real estate disputes, including but not limited to: complex commercial litigation, commercial landlord-tenant litigation and lease disputes, commercial evictions, non-compete enforcement, class action defense litigation, business and contract disputes, replevin actions, lender liability, consumer litigation defense, commercial defamation and disparagement, fraud and misrepresentation claims, unfair competition claims, construction lien disputes, construction defects and delay claims, real property litigation, creditor’s rights, domestication of out-of-state and out-of-country foreign judgments, and high-value complex post-judgment collections including fraudulent transfers, fraudulent conversions and proceedings supplementary.

As an experienced trial attorney, Austin has successfully handled jury trials, bench trials, and arbitration proceedings from start to finish. His strategic approach to litigation, combined with his attention to detail and sound judgment, allows him to deliver strong results for his clients.

Legal Excellence & Academic Distinction

Austin obtained his bachelor’s degree, cum laude, from Bowling Green State University in Bowling Green, Ohio. He then pursued his Juris Doctor degree, magna cum laude, from Florida Coastal School of Law, graduating in the top five percent (5%) of his class.

During law school, Austin demonstrated exceptional legal acumen as a member of the Florida Coastal Law Review, serving as Executive Editor on the Law Review Executive Board. His commitment to professional development extended to his role as a Student Pupil in the prestigious Chester Bedell American Inn of Court, and an internship with a United States District Court Judge for the Middle District of Florida, Jacksonville Division.

Beyond the Office

Austin is a Hoosier by birth but a Boilermaker by the grace of God. Austin T. Hamilton was born in Lafayette, Indiana, and raised in a small suburb outside of Cleveland, Ohio. While he didn’t attend Purdue University, his Boilermaker pride runs deep—he grew up attending Gene Keady’s summer basketball camps and remains a dedicated Purdue basketball fan, regularly traveling to watch the team in action, including the 2018 Big Ten Men’s Basketball Tournament at Madison Square Garden.

After moving to Jacksonville in 2009, Austin’s wife, Emily, joined him upon completing her graduate degree at Bowling Green. Together, they have built a life in Florida, raising two wonderful children. Despite his Midwestern roots, Austin now considers himself a true Floridian, even if some still call him a “Yankee.”

When he’s not advocating for clients, Austin spends his time at home negotiating high-stakes disputes between two elementary schoolers trying to assert their dominance over one another (and over him). In his free time, Austin enjoys exercising, coaching youth basketball and flag football, boating, surf fishing, clay shooting, biking along the beach, landscaping/gardening, and unwinding with a refreshing drink in the ocean breeze. More than anything, he values quality time with his family, making every moment count.

Representative Matters

Business Litigation

• Obtained a $1.89 million dollar judgment after an eight (8) day jury trial in federal court in an insurance coverage dispute involving a disappeared insured.
• Obtained a high six-figure judgment after a three-day commercial arbitration (AAA) trial in Atlanta, Georgia involving claims for breach of contract and wrongful termination of an independent contractor operating agreement.
• Successfully domesticated a six-figure foreign judgment in Florida and thereafter garnished the defendant’s bank account and subsequently prevailed after an evidentiary hearing against the defendant’s claim that the garnished funds were exempt from garnishment as homestead protection.
• Successfully defended a hospital in a lawsuit brought by a consulting company relating to alleged and disputed productivity performance gains.
• Successfully defended a class action lawsuit alleging claims for violation of the Florida Consumer Collection Practices Act (FCCPA) and the Florida Residential Landlord Tenant Act (FRLTA).
• Successfully defended against alleged FCCPA violations on behalf of a Florida credit union.
• Successfully defended against numerous alleged FCCPA violations on behalf of various business owners throughout the state of Florida.
• Defended against a motion to vacate a default final judgment in the amount of $267,905.05 by successfully arguing that the defendant’s actions constituted gross negligence and therefore the defendant could not satisfy the excusable neglect element necessary to set aside a default final money judgment.
• Successfully defended a technology company in a federal court lawsuit against claims raised by a competitor alleging violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).
• Successfully appealed a trial court’s order denying a contractor 18% interest on a breach of contract claim. After reversing the trial court’s ruling, the contractor recovered 18% interest on the full amount of its damages. The decision is reported at 230 So. 3d 909 (5th DCA 2017).
• Successfully defended a corporation’s employees against an injunction sought by a competitor seeking to enforce noncompete agreements against the employees.
• Successfully negotiated a favorable settlement in a commercial collection action of a $10,000,000.00 judgment relating to a marina development project in Carrabelle, Florida.
• Successfully obtained a dismissal of a lawsuit against a Georgia corporation finding that the Florida courts did not have personal jurisdiction over the nonresident Georgia corporation.
• Obtained a favorable settlement on behalf of a corporation that was sued in federal court for alleged false advertising and unfair competition under the Lanham Act.
• Successfully defended a claim for punitive damages in a lawsuit involving fraud and misrepresentation.
• Represented a lender in numerous replevin actions to retake personal property and vehicles following non-payment by the customer.
• Successfully re-took possession of a concession stand using a replevin action following the purported purchaser’s failure to pay for the concession stand.
• Successfully used a replevin action to obtain payment on behalf of a lender relating to two large cranes.
• Successfully transferred numerous claims of lien to security and obtained release of liens from personal property to take back the personal property, including liens on airplanes and motor vehicles.
• Successfully defended a corporation against a competitor claiming tortious interference with a business contract relating to the hiring of an employee who had signed a noncompete agreement with the competitor.
• Successfully defended a claim made by a member of a limited liability company seeking a return of its capital contribution.
• Defended a trucking company against a former subcontractor’s claim for an outstanding balance due. After a half-day bench trial, the former subcontractor was awarded only the undisputed amount owed, which was less than half the amount he was seeking.
• Successfully defended a claim for proceedings supplementary against an out-of-state corporation.
• Successfully resolved a dispute over a cyber crime policy between a business and its insurer.
• Obtained a dismissal of fraud claims made against a local homebuilder (2-day bench trial).
• Negotiated a resolution of a lawsuit by a shareholder of a corporation alleging claims of breach of fiduciary duty and fraud by members of the board of directors.
• Successfully removed online commercial defamation from a petition website that was harming a business’s reputation.
• Represented a technology company in collecting debt from its customers.
• Obtained favorable settlements on behalf of a local taxi company in automobile negligence claims.
• Obtained a $54,000.00 judgment in a civil theft lawsuit.
• Obtained a dismissal with prejudice on behalf of a banking institution in a claim for negligence and misrepresentation.
• Successfully negotiated a buyout of a member of a limited liability company involving allegations of fraud and misrepresentation.
• Successfully negotiated an Asset Purchase Agreement between a franchisee and a franchisor.

Real Estate Law/Real Property Law

• Obtained a favorable judgment and injunction following a 3-day non-jury trial in Pasco County on behalf of a cattle business in a lawsuit involving an express easement and the dominant estate’s overburdening of the easement.
• Obtained a zero-liability defense judgment for a commercial tenant after a 3-day non-jury trial in Osceola County, Florida, where the landlord sought damages in excess of $800,000.00 and successfully obtained a $73,000.00 judgment on the tenant’s counterclaim.
• Advise commercial landlords and tenants on various matters including interpretation and enforcement of commercial lease agreements, breaches of lease agreements, dispute resolution and commercial evictions.
• Successfully vacated the purchase of a condominium unit following the purchase at a condominium association lien foreclosure sale where the amount bid was greatly in excess of the lien amount and the property included an unsatisfied first mortgage unbeknownst to the purchaser.
• Negotiated a commercial lease agreement and limited personal guaranty on behalf of a tenant of a shopping mall.
• Negotiated a favorable settlement in a commercial eviction action including a counterclaim for breach of the commercial lease agreement.
• Successfully resolved a dispute between a commercial landlord and tenant regarding water intrusion and claims of constructive eviction.
• Successfully resolved a dispute between a commercial landlord and tenant regarding inadequate parking and breach of the lease agreement.
• Successfully resolved a dispute between a commercial landlord and an elevator vendor relating to deficiencies in service and claims of breach of contract.
• Successfully resolved a dispute between a commercial landlord and its roofing warranty vendor alleging failure to comply with the warranty and challenges to the validity of the warranty.
• Successfully negotiated a lease termination agreement on favorable terms to a tenant of a shopping center.
• Obtained a favorable settlement for a commercial landlord in dispute with a prior tenant over damages to the premises.
• Successfully negotiated and drafted assignment and assumption agreements on behalf of a commercial property management company.
• Successfully negotiated and drafted numerous vendor agreements and addendums on behalf of a commercial property management company.
• Obtained summary judgment on behalf of a residential landlord in a breach of a three-year lease agreement resulting in a $56,000.00 judgment for the landlord.
• Defended a private mortgage lender against a replevin action pertaining to a mobile home. Obtained a favorable ruling after an evidentiary hearing that the mobile home was deemed to be a fixture and therefore subject to the lender’s mortgage.
• Obtained a foreclosure judgment on behalf of a private mortgage lender in a highly contested dispute involving a mortgage on four parcels of real property, each of which had been transferred to subsequent purchasers.
• Negotiated a favorable settlement on behalf of a real estate investor and selling agent against claims raised by the purchaser of real property that the seller failed to disclose defects with the house.

Complex Judgment Collections

• Regularly advise clients regarding judgment collections including the ability to collect on a judgment and strategy considerations for attempting to collect on judgments.
• Regularly work with lawyers from other states involving judgments obtained in other states and domestication and enforcement of those judgments against judgment debtors located in Florida.
• Successfully domesticated numerous out-of-state foreign judgments to Florida including judgments from California, Minnesota, New York, Texas, and Illinois.
• Successfully domesticated an out-of-country foreign judgment to Florida.
• Successfully domesticated a Minnesota judgment to Martin County, Florida, and using proceedings supplementary obtained a favorable settlement of claims involving fraudulent transfers.
• Successfully domesticated a New York judgment to Collier County, Florida, and thereafter garnished over $100,000.00 from the judgment debtor’s bank account and successfully defended against the judgment debtor’s claim of exemption from garnishment.
• Successfully used proceedings supplementary and a supplemental complaint to turn a judgment solely against a limited liability company into a new individual judgment against the owner of the limited liability company.
• Successfully defended a physician and his wife in proceedings supplementary where the judgment creditor was attempting to collect nearly $500,000.00 on a claim for fraudulent transfers relating to the closure of a medical practice.

Construction Law

• Obtained a six-figure judgment on behalf of a contractor and subcontractor against a developer after a five (5) day jury trial. Successfully defended against the developer’s appeal of the judgment.
• Obtained a favorable settlement in a mobile/modular home construction defect arbitration action midway through the 2-day final hearing.
• Obtained a favorable settlement of a federal Miller Act claim involving payment issues and construction delay claims.
• Obtained a favorable settlement on behalf of a dirt supplier against the State of Florida in a negligence lawsuit for failure to ensure that a contractor obtained the requisite payment and performance bond under Chapter 255, Florida Statutes.
• Obtained a favorable settlement on behalf of an owner of a two-story commercial building in a roofing defects lawsuit.
• Obtained a foreclosure judgment on five separate claims of lien on behalf of a site contractor and dirt supplier against a large home builder.
• Represented a homebuilder against a land developer involving claims of breach of contract, unjust enrichment and fraud.
• Successfully resolved a lawsuit brought by a homeowner against a contractor for a fraudulent lien and punitive damages.
• Assisted in negotiating and drafting a $400,000.00 ten-year commercial lease agreement for a tenant in a shopping mall.
• Drafted construction contracts on behalf of general contractors.
• Drafted a consulting agreement for a solar marketing business.

Condominium and Community Association Law

• Assisted in recovering over $1,000,000.00 in unpaid homeowners association assessments over a five (5) year period of time on behalf of a homeowners association in Ponte Vedra Beach, Florida.
• Obtained a favorable ruling after a bench trial in a highly disputed condominium association collections action where the unit owner claimed misrepresentation and estoppel relating to pre-title assessments and fees owed on a condominium unit before the unit owner purchased the unit at a foreclosure sale.
• Obtained a favorable settlement in a free speech dispute between a homeowners association board and a unit owner.
• Obtained summary judgment on behalf of a homeowners association in the collection of $29,000.00 in pre-title unpaid homeowners association assessments against a national banking institution by successfully arguing that the safe harbor provision of Section 720.3085(2)(c), Florida Statutes, did not apply.
• Obtained summary judgment on behalf of a homeowners association in the collection of $36,000.00 in pre-title unpaid homeowners association assessments against a loan servicer by successfully arguing that the safe harbor provision of Section 720.3085(2)(c), Florida Statutes, did not apply.
• Obtained a judgment on behalf of a homeowners association against a property owner who failed to maintain his property in compliance with the association’s governing documents.
• Negotiated a favorable settlement in a dispute involving a drain pipe leak into a neighboring condominium unit.
• Assisted a homeowners association in drafting amendments to its Declaration of Covenants and Conditions.
• Assisted a condominium association in revising its Rules & Regulations.
• Assisted in drafting a partial assignment and assumption of purchase agreement between a homeowners association and a home builder and land developer.
• Assisted in drafting an agreement between two condominium associations relating to the maintenance of a fence between the associations.

PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME