Oscar A. Gomez

Oscar Gomez
Managing Partner
oscar@epgdlaw.com

Mr. Gomez focuses his practice on all aspects of business law with a heavy focus on business litigation. Born and raised in Miami, FL, Mr. Gomez attended Belen Jesuit Preparatory School (2001) before attending college and earning a Bachelor of Science in Political Science With Honors at Florida State University (2005). Mr. Gomez worked as a certified crisis hotline counselor for Big Bend of Tallahassee during his time in Tallahassee, made Dean’s List consistently, was Political Action Chair for the Hispanic-Latino Student Union, a founding member of the Coalition for Active Voter Education (CAVE), and recognized for his excellent academic record by the Oscar Arias Sanchez Hispanic Honor Society. Mr. Gomez’s undergraduate track record earned him the prestigious DePaul Achievement Scholarship to attend DePaul University College of Law in Chicago, Illinois. During his time in law school Mr. Gomez worked at a Plaintiff’s medical malpractice firm in Chicago, IL for two years and as a summer associate at a commercial litigation firm (Garbett, Allen, Roza, P.A.) in Miami, FL.

Mr. Gomez was admitted to practice law in the State of Florida in 2008 and began his career representing institutional lenders in bankruptcy proceedings with a law firm in Broward County, FL until 2010. From 2011 to 2016 Mr. Gomez worked for a firm in Miami, FL (Gonzalez & Wermuth P.L.) handling contract, landlord-tenant, commercial, corporate, real estate, tax, and intellectual property matters. Mr. Gomez is a member of the Coral Gables Chamber of Commerce, Coral Gables Bar Association, the Cuban American Bar Association, the Dade County Bar Association, and the Florida State University Alumni Association. Mr. Gomez is admitted to practice before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida and the Florida Southern, Middle, and Northern District U.S. Bankruptcy Courts.

Oscar is first and foremost a litigator with a focus on resolving business disputes, partnership disputes, real estate matters, and employment matters. Oscar’s passion is taking on good cases regardless of Plaintiff or Defense side and resolving a person or business’ issues to the best of his ability.

In 2017 and 2018, Mr. Gomez was named to Florida Trend magazine’s Florida Legal Elite.

Schools

  • Belen Jesuit Preparatory School, 2001
  • Florida State University, Bachelor of Science in Political Science With Honors 2005
  • DePaul University College of Law, J.D. 2008

Bar Admissions

  • Florida, 2008
  • Florida Middle District Bankruptcy Court, 2008
  • Florida Northern District Bankruptcy Court, 2008
  • Florida Southern District Bankruptcy Court, 2008
  • U.S. District Court, Middle District of Florida, 2008
  • U.S. District Court, Northern District of Florida, 2008
  • U.S. District Court, Southern District of Florida, 2008
  • District of Columbia (Application Pending)

Representative Matters

  • Successfully defended business owner against intentional tort claims (conversion and civil theft) brought by a publicly traded company. Won at trial on directed verdict.
  • Obtained six-figure judgment at trial against competitor business for violation of Florida Deceptive and Unfair Trade Practices (FDUPTA) and associated violations of Florida’s Trademark statute.
  • Successfully defended Miami business in Fair Labor Standards Act overtime litigation.
  • Successfully defended Miami Beach realtor through jury trial in action for alleged Florida Deceptive and Unfair Trade Practices Act (FDUPTA) and civil theft violations.
  • Obtained Stipulation of Settlement and attorneys’ fees for Plaintiff in ADA action brought against owner of a historic building in Downtown Miami.
  • Successfully prosecuted Breach of Contract action on behalf of Florida real estate developers which led to a settlement for sale of property.
  • Successfully defended large corporation in whistleblower action by employee.
Reported Decisions
  • Wincor v. Potash, 227 So. 3d (Fla. 4th DCA 2017)- Posting of summons on premises was deemed to comply with Fla. Stat. 82.061 and deemed to be valid service for unlawful detainer claim under Florida law. The Court affirmed that the statute provides for posted service for unlawful detainer actions.
  • Vuillermin v. Mitsubishi, 233 So.3d 1178 (Fla 3rd DCA 2017)- Recognition and enforcement of a foreign (French) money judgment against appellant pursuant to Florida’s Uniform Out-of-country Foreign Money-Judgment Act,” sections 55.601-.607, Florida Statutes (2017) was affirmed. Contrary to Appellant’s argument, the foreign judgment did not fall within any of the limited and enumerated grounds for non-recognition specified in section 55.605. Appellant could not avoid the foreign judgment based on lack of personal service; he failed to raise the issue initially in the foreign court of competent jurisdiction, and the foreign court authorized garnishment of the judgment in that jurisdiction despite his (unsuccessful) appearance to object to such enforcement. Moreover, a French judgment need not be refused recognition because it was based on a default. See Chabert v. Bacquie, 694 So. 2d 805, 815 (Fla. 4th DCA 1997).

CLE Presentations

  • Enforcement of a Foreign Judgment (2018)
  • How to Fight Trademark Infringement and Deceptive and Fraudulent SEO Practices Against Your Business (2018)*
  • Piercing the Corporate Veil in Florida (2019 – Lawline)
  • *Courses are available online through myLawCLE

On a Personal Note:

  • In his leisure time Oscar enjoys taking in sights and Miami’s beautiful weather with his wife and two small dogs (Benji and Molly). You can also be sure to always find Oscar rooting for the Miami Heat and Florida State Seminoles.