Marie Tomassi

Overview

Marie Tomassi joined the firm in 1988 and has been a Shareholder since 1995. She is Florida Bar Board Certified in Appellate Practice and has more than 25 years of experience in ERISA litigation and other complex matters.

Marie is President and Managing Shareholder of Trenam Law, serving on the firm’s Executive Board, and leads the firm’s Appellate Practice.

Representative Matters

• Secured affirmances of judgment holding claim is excepted from chapter 13 discharge where the loan is current on the petition date, there is no default to be cured and the debtor proposes to maintain monthly contractual payments directly to lender. Dukes v. Suncoast Credit Union (In re Dukes), 2016 WL 5390948 (M.D. Fla. Sept. 27, 2016); Dukes v. Suncoast Credit Union (In re Dukes), 909 F. 3d 1306 (11th Cir. 2018).  In affirming, the Eleventh Circuit decided – as a matter of first impression – the meaning of “provided for” in 11 U.S.C. § 1328(a).  The Eleventh Circuit held that a Chapter 13 plan that states mortgage payments would continue to be made directly to the creditor outside of the plan does not “provide for” the mortgage debt and therefore that debt is not discharged by the successful completion of the plan.
• Secured affirmances of (a) settlement agreement reached by chapter 7 trustee with primary creditor over debtor’s objection and (b) denial of debtor’s motion to convert chapter 7 case to one under chapter 11. Daughtrey v. Rivera (In re Daughtrey), 2015 WL 5604764 (M.D. Fla. 2015); Daughtrey v. Rivera (In re Daughtrey), 896 F. 3d 1255 (11th Cir. 2018).  In affirming, the Eleventh Circuit determined, as a matter of apparent first impression in the circuit, the “abuse of discretion” standard of review applies to a bankruptcy court’s denial of a motion to convert a Chapter 7 case to one under chapter 11.
• Secured an affirmance in the Eleventh Circuit 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 in a case where the receiver alleged damages in excess of $100 million.
• Successfully preserved for construction company client a judgment in excess of $400,000 and the right to recover attorneys’ fees against a sub-contractor on counterclaims, by winning an appeal in the Eleventh Circuit.
• Secured reversal of federal court injunction enjoining state court action.
• Secured affirmance of judgment in excess of $40 million in complex business contract litigation.
• Secured reversal of judgments exceeding $10 million against an individual in a partnership dispute.
• Set the law in the Second District regarding obtaining billing records of a party seeking fee award.
• Set the law in the Second District on an issue regarding temporary attorneys’ fee awards in family law.
• Set the law in the Eleventh Circuit on the statute of limitations applicable to criminal bankruptcy fraud, securing reversal of a guilty verdict.
• Secured affirmance of judgment in excess of $22 million in a family business dispute.
• Secured rehearing en banc that reversed panel opinion in case regarding easement rights.
• Secured reversal of final judgment in excess of $1 million and fee award in whistleblower case.
• Secured reversal of several million dollar judgments entered against two individuals for a failed development deal.
• Successfully preserved for our construction company client a judgment in excess of $400,000 and the right to recover attorneys’ fees against a sub-contractor on counterclaims, by winning an appeal in the Eleventh Circuit.

Honors and Distinctions

• Tampa Bay Business Journal’ s BusinessWoman of the Year, Honoree, 2022
• Florida Bar Board Certified in Appellate Practice
• AV Preeminent Peer Review Rated by Martindale-Hubbell
• Tampa Magazine’s Top Lawyers List, 2018, 2020, 2022
• The Best Lawyers in America, Appellate Practice, 2013 – 2022
  • Lawyer of the Year, Appellate Practice, 2016, 2018, 2020
• Florida Super Lawyers, 2008 – 2022 (10+ year recognition)

Professional Involvement

• American Bar Association, Judicial Division
  • Member since its inception
  • Appellate Judges Conference, Council of Appellate Lawyers, Member since 2006
  • Executive Committee member, 2006-2012
• The Florida Bar, Appellate Advocacy Section
• The St. Petersburg Bar Association, Appellate Practice Section

Community Involvement

• Leadership Tampa Bay, 1998
• Mahaffey Theater Foundation, former member of the Board of Directors