Scott A. Padgett, Shareholder
Mr. Padgett joined Rogers Towers in June of 2008. His practice is focused on commercial litigation, with an emphasis on property and business disputes. Mr. Padgett has represented clients in a wide range of matters involving construction defects, delays and construction contract issues; foreclosure of construction liens, landlord liens and mortgages; emergency water mitigation and mold remediation services; commercial landlord-tenant disputes; court-appointed receivership issues; real property partition; probate and trust disputes; and other business litigation arising out of claims of contractual and statutory liability. His practice covers all stages of litigation including pre-suit negotiations, mediation, arbitration, trial, appeals, post-judgment execution, garnishment and collection by unwinding fraudulent transfers.
Previous Professional Experience
Prior to joining Rogers Towers, Mr. Padgett was an Assistant State Attorney in Florida’s Fourth Judicial Circuit, where he gained valuable courtroom and trial experience. He represented the State of Florida in the criminal prosecution of well over a thousand defendants for crimes including DUI (resulting in serious bodily injury), aggravated battery (with a deadly weapon), armed robbery and arson. Mr. Padgett also prosecuted defendants charged with committing financial crimes including grand theft, insurance fraud, extortion and embezzlement. As an Assistant State Attorney, Mr. Padgett tried fourteen cases to verdict before juries in Duval and Nassau Counties, and many more non-jury cases and evidentiary hearings.
One of Mr. Padgett’s notable jury trial convictions was a landmark case of first impression that set precedent in Florida’s then-168-year old criminal extortion law. State of Florida v. Duan, No: 16-2006-CF-8018-AXXX-MA (Fla. 4th Jud. Cir. Duval Co. Nov. 2, 2006). During trial, Mr. Padgett successfully persuaded the circuit court to expand the application of Florida’s criminal extortion statute to protect against threats of harm to a person’s emotional well-being (as opposed to threats of physical harm), which had not been previously recognized by any court in Florida as a basis for conviction under the statute. The jury found the defendant guilty of extortion based on evidence that the defendant threatened to do certain things to inflict emotional distress on the victim unless she paid money to the defendant. The Florida First District Court of Appeal affirmed the second degree felony conviction in a published 6-page opinion that approved the new and expanded scope of Florida’s criminal extortion statute. The appellate court also approved the use of the special jury instructions for extortion that were created by Mr. Padgett. Duan v. State, 970 So.2d 903 (Fla. 1st DCA 2007).