Kelly Ruoff is a shareholder and member of the Commercial Litigation Practice and also works with the firm’s Bankruptcy and Creditor’s Rights Group and Financial Services Industry Group.
Kelly assists clients through the entire litigation process, also having experience with post-judgment creditors' rights and appeals. She has handled cases in a wide variety of commercial litigation matters including shareholder disputes, partnership disputes, non-competes, and breach of contract matters.
With a focus on bank counseling and banking litigation matters, Kelly has successfully defended financial institutions in numerous lawsuits filed by customers and third parties who sought to impose liability against Banks under Florida’s Uniform Commercial Code or tort law. Kelly has also assisted many clients (banks and others) with garnishments and other execution efforts, including seizure of property and institution of proceedings supplementary to avoid fraudulent transfers.
- Secured affirmance of an order dismissing complaint for breach of fiduciary duty arising from criminal trial, and affirmance of post-trial motion related to the same matter.
- Secured affirmance of an order dismissing plaintiff’s conspiracy claim against condominium association and the association’s counsel.
- Secured affirmance of orders denying post-trial motions, following judgment of no liability, in a negligence action filed against condominium association.
- Secured an affirmance in the 11th Circuit Court of Appeals of a district court’s summary judgment holding that a financial institution was not liable to the receiver plaintiff for claims of negligence or under the Florida Uniform Fraudulent Transfers Act (UFTA) in a case where the receiver alleged damages in excess of $100 million.
- Defended a bank in an action alleging negligence relating to, and conversion of, checks in excess of $500,000.
- Defended a bank in an action alleging unauthorized check and ATM transactions from customer’s account.
- Defended a bank in an action alleging unauthorized wire transfers from customer's account.
- Defended a bank in an action filed by non-customer related to a deposit of checks.
- Defended a bank in a lawsuit alleging various claims related to the bank's prior foreclosure action.
- Defended a bank in an action alleging unauthorized transactions from a customer’s account.
- Defended a bank in a lawsuit filed by non-customer, alleging claims of aiding and abetting fraud and conspiracy to commit fraud as a result of a deposit relationship.
- Defended a bank in a suit alleging wrongful chargeback of deposited item.
- Advised a financial institution on UCC issues regarding altered claim check.
- Advised a financial institution regarding its rights under the UCC with respect to potentially fraudulent checks.
General Commercial Litigation Matters
- Achieved successful resolution for partner in lawsuit against partnership for breach of partnership agreement.
- Successfully defended actions against employees for breach of non-compete and related claims.
- Achieved successful pre-suit resolution for executive in dispute against former employer to resolve matters involving separation from company.
- Achieved a successful resolution for company in judicial dissolution and breach of fiduciary duty action filed by a shareholder.
- Achieved a successful resolution for a company in a trademark infringement action against a defendant who registered domain names confusingly similar to company’s marks (commonly known as “cybersquatting”).
- Achieved a successful resolution for a company in a copyright infringement action against a defendant who plagiarized company’s website.
- Achieved a successful resolution for a law enforcement agency in actions filed by persons in custody.
- Successfully represented a national shopping center owner in numerous commercial eviction matters.
- Represented a landlord through a successful trial in a breach of contract action filed by a broker.
- Achieved a successful resolution for landlord in a breach of lease matter filed by tenant concerning calculation of common area expenses.
Honors and Distinctions
- AV Preeminent Peer Review Rated by Martindale-Hubbell
- Thirteenth Judicial Circuit Pro Bono Award, April 2017
- Florida Super Lawyers, Rising Star 2014-2019
- Florida Trend Legal Elite, Up and Comer, 2019
- The Florida Bar
- St. Petersburg Bar Association
- Florida Craftsmen
- Board of Directors, 2013 - 2018
- Secretary, 2014 - 2018
- Crossroads for Florida Kids, Attorney Ad Litem, April 2015 - present
- Leadership Tampa Bay, Class of 2016
- Rotary Club of St. Petersburg Sunset, Member, July 2015 - present
- Service Chair, 2017-2018; 2018-2019
- Trenam’s Appellate Newsletter: Appeals from the Bankruptcy Court
- Twenty One Attorneys Named to Florida Trend Magazine’s “Legal Elite” 2019
- Forty-Nine Attorneys Recognized in Florida Super Lawyers 2019
- Trenam’s Appellate Newsletter: The Fundamentals of Preserving Error for Appeal
- Forty Seven Trenam Attorneys Recognized in Florida Super Lawyers 2018
- Trenam Law Elevates Marla Devicente Bohlander and Kelly J. Ruoff to Shareholder
- Forty-Five Trenam Attorneys Recognized in Florida Super Lawyers 2017
- Attorneys Alicia H. Koepke and Kelly J. Ruoff Receive AV Preeminent Rating by Martindale-Hubbell
- Forty Two Trenam Lawyers Named to the 2016 Florida Super Lawyers and 2016 Florida Rising Stars Lists
- Forty-Five Trenam Lawyers Named Florida Super Lawyers and Florida Rising Stars
- “Preserving Issues for Appeal,” Co-Presenter, Solo and Small Firm Section of The Florida Bar, November 27, 2018.
- “The BSA’s Role in Civil Litigation,” Co-Presenter, Florida Banker’s Association 14th Annual BSA/AML School, October 18, 2018