Barry S. Balmuth, P.A.

1601 Forum Place, Suite 1101 West Palm Beach FL 33401 U.S.A. View Map
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Results

While every case differs and no one can guarantee any particular result, we offer the following examples of results obtained Barry Balmuth has achieved for your consideration:

  • $2,500,000 judgment (in just my seventh year of practice) for Palm Beach County, Florida recovering monies the South Lake Worth Inlet District, a special taxing district, attempted to dissipate upon its dissolution by the State of Florida.

  • $2,000,000+ jury verdict in an eminent domain proceeding for the taking of a strip of, and a staging area easement from, the "Airport Centre" in Palm Beach County, Florida. Initial offer was less than 1 million dollars.  Thus, benefit to owner was over $1,000,000 - an increase of over 100%.
  • $1,200,000 recovery for acquisition of 5 acres from 50 acre vacant site vacant in Sumter County near Wildwood, Florida even though owners had paid just $4,000,000 for whole site just two years before the taking.  The initial offer was $748,000.  Therefore, the benefit was over $450,000 - an increase of over 60%
  • $710,000 recovery in eminent domain proceeding for widening of I-95 next to the City of Lake Worth, Florida's electric generating and water treatment facility where court upheld property owner's ability to claim compensation for increased security for plant as a result of proximity of road.  The initial offer was $236,000 resulting in a benefit was $474,000 - a 300% increase.
  • $570,000 recovery on leasehold and fixtures only (no ownership of premises) for lessee of grocery store in Homestead, Florida acquired for a new city hall.  The initial offer was $343,000 and the benefit was $227,000 - a 66% increase.
  • Successful Chapter 11 bankruptcy reorganization (in just my second year of practice) of long-time Miami Dolphins punter, Reggie Roby, including well-publicized successful effort to avoid his contract.
  • Judgment for client, Board of Trustees of the Delray Beach Police and Firefighter's Retirement System in dispute between it and the City of Delray Beach over whether pay for holding certifications, such as paramedic or EMT, are to be included in earnings on which pensions are based.  Additional pension payments for firefighters has been estimated to be well in excess of $500,000.
  • $390,000 paid in business and real estate damages to owner of adult bookstore due to road widening.  Initial aggregate offer was $230,000 and the benefit was $160,000 - a 70% increase.
  • $205,000 recovery in case involving fractured knee cap of resident at assisted living facility. Case had previously been rejected by 2 other lawyers, seemingly, because injured woman suffered from osteoporosis and, therefore, was prone to injury.
  • $170,000 jury verdict for father's mental anguish in case stemming from the wrongful death of his 23 year old son despite the fact that father had not seen his son in over 6 years and the father was in arrears in child support. Damages were reduced by 38% because this was the percentage of fault for his own death attributed by jury to son due to the fact that he was intoxicated when run over after walking into street (issues of liability handled by co-counsel). In short, a very challenging case. Offer was $0.
  • $140,000 recovery for client who had a post concussive syndrome (symptoms included headaches) after a ceiling panel in an elevator feel on her even though there was no objective evidence of condition.
  • Confidential settlement for franchisee of a major oil company in Federal lawsuit under a provision of federal law, the Petroleum Marketing Practices Act, meant to protect such franchisees from improper termination of their franchise agreements which provision had not been previously interpreted by the courts.Confidential settlement under the Fair Credit Reporting Act in Federal case for client who had several times sought unsuccessfully to have an erroneous reference to a bankruptcy removed from his credit report.
  • $90,000 paid to homeowner's association for sliver of common elements taken due to road widening where offer was $33,200.  Benefit to the owner was, therefore, $56,800 - a 268% increase.
  • Numerous jury verdicts finding no or, in one case, ten percent, liability in personal injury (including civil assault and battery) and wrongful death cases case where Barry Balmuth defended Palm Beach County or its employees.

  • Jury verdict of $6,000 per acre in a multi-acre/parcel eminent domain acquisition for the "Unit 11" conservation project for Barry Balmuth's client, Palm Beach County, as acquiring entity, where owners claimed and presented evidence that property was worth $18,000 per acre while County's position was that the appropriate compensation was $5,000 per acre. The value of 200+ acres was determined by this verdict.
  • Where representing Palm Beach County, settled in excess of $33,000,000 in business damage claims allegedly stemming from the Northlake Reliever project for $1,250,000.
  • On behalf of landowners, blocked takings of property sought in several eminent domain actions.

Reported Decisions:

  • Starling v. Board of County Commissioners, 2009 WL 281051 (S.D. Fla. 2009)

  • Starling v. Board of County Commissioners, 2009 WL 248369 (S.D. Fla. 2009)

  • In re Farkas, 343 B.R. 336 (Bankr. S.D. Fla. 2006)

  • Sunshine Properties, L.L.C. v. State, Department of Transportation, 900 So.2d 714 (Fla. 4th DCA 2005)

  • Hazara Enterprises, Inc. v. Motiva Enterprises, LLC, 126 F. Supp.2d 1365 S.D. Fla. 2000)

  • Palm Beach County v. Cove Club Investors, Ltd., 734 So.2d 379 (Fla. 1999)

  • Moore v. Palm Beach County, 731 So.2d 754 (Fla. 4th DCA 1999) (lead trial counsel only)

  • Palm Beach County v. Cove Club Investors, Ltd., 692 So.2d 998 (Fla. 4th DCA 1997)


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