Charles B. Jimerson founded the predecessor firm to Jimerson & Cobb, P.A. and continues to lead its preeminent business litigation practice. Mr. Jimerson represents various corporations, entrepreneurs, financial institutions, and small- and mid-size businesses in business litigation matters ranging from commercial contract disputes and business torts to real estate, construction, bankruptcy and foreclosure proceedings. He is an AV rated lawyer, recognized by his peers as having the highest level of ethical standards and professional ability.
Born in Sarasota, FL, Charles B. Jimerson, Esq. is a 7th generation Floridian. Upon graduation from Venice High School (Venice, FL), Mr. Jimerson enlisted in the U.S. military to serve his country and earn money for college. His tireless work ethic and ability to adapt and overcome challenging situations enabled him to graduate with highest honors and in the top two percent in every academic class he had in his secondary education prior to law school (undergraduate, professional certifications, and technical schools), and in the top one-third of his law school class. A graduate of the Lundy-Fetterman School of Business at Campbell University (Buies Creek, NC), Mr. Jimerson earned his Bachelor of Business Administration degree Summa Cum Laude with highest honors. While attending Campbell University, Mr. Jimerson contemporaneously served as an active duty Combat Meteorologist in the United States Air Force, participating in various worldwide operational missions and earning Airman of the Year honors. During his tenure, Mr. Jimerson was the youngest operationally certified meteorological forecaster in U.S. Air Force history.
Mr. Jimerson also received a Professional Certification in Marketing with an emphasis in Sports Marketing from the University of Kentucky. He obtained his Juris Doctorate at the University of Florida Levin College of Law, serving as the President, Officer and Executive Director to several student-run organizations. Mr. Jimerson also participated in the London Legal Consortium in London, England, where he met his wife, Ashley. Mr. Jimerson was a Harry T. Goodmark scholar, and was named Who’s Who in American Colleges and Universities during his matriculation at the University of Florida.
Focusing his practice on commercial litigation, creditors rights and commercial collections, construction litigation and banking law, Mr. Jimerson has experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial. Prior to founding the firm, Mr. Jimerson practiced at prominent Jacksonville-based commercial litigation and construction litigation boutiques. Mr. Jimerson has received several business and legal recognitions, including Florida Trend Legal Elite Up and Comer, Super Lawyers Rising Star, The Jacksonville Business Journal’s 40 under 40, and Leadership Jacksonville.
Mr. Jimerson resides in Ortega with his wife, Ashley, their children, Lila and Ford, and their two dogs, Hank (Bassett Hound) and Audrey (Weimaraner). Though his free time is very limited, his non-professional interests are sports, traveling, DVR’d investigative journalism shows, twitter parody accounts, obscure oyster bars, jam bands and the Sunday New York Times.
Bar and Court Admissions
- The Florida Bar
- The Jacksonville Bar Association
- The Jacksonville Bankruptcy Bar Association
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, Southern District of Florida
- U.S. Court of Appeals, Eleventh Circuit
Honors and Recognition
- Former United States Air Force active-duty Combat Meteorologist
- AV Preeminent by Martindale-Hubbell
(Peer rated the highest level of professional excellence)
- 2011 Jacksonville Business Journal “40 under 40”
- Leadership Jacksonville Class of 2013
- Multi-year winner of Florida Trend Legal Elite Up and Comer Award
(Top 2% of attorneys under age 40 awarded with honor based upon peer review)
- Multi-year winner of Super Lawyers Rising Star Award
(Top 2% of attorneys under age 40 awarded with honor based upon peer review)
- The University of Florida
Levin College of Law, J.D.
- Campbell University
Lundy-Fetterman School of Business, A.A; B.B.A
Summa Cum Laude (Highest Honors)
- The University of Kentucky
Gatton College of Business and Economics, P.C.- Marketing
- Community College of Air Force, A.A.S- Meteorology
Mr. Jimerson is a member of and has served or serves on various committees, boards of directors and holds executive officer positions in many professional and trade organizations, including but not limited to:
- The Florida Bar (Business Law and Real Estate/Construction Section)
- American Bar Association (Litigation, Business Law, Construction Law sections)
- American Trial Lawyers Association
- Chester Bedell Inns of Court
- Northeast Florida Builders Association (Board of Directors 2012-current)
- First Coast Manufacturers Association
- National Association of Industrial and Office Properties (NAIOP)
- National Association for Credit Management
- Rotary Club of Jacksonville
- Leadership Jacksonville
- Association for Corporate Growth North Florida
- The Gator Bowl Association
- Risk Management Association (First Coast Chapter President 2012-current)
- The Jacksonville Chamber of Commerce
- The Jacksonville Historical Society
- St. Vincent’s Foundation
- The Tim Tebow Foundation
- Builders Care
- The Wounded Warrior Project
- Junior Achievement
- Girls, Inc.
- The Jacksonville Public Education Fund
- The University of Florida Alumni Association and local Gator Clubs
- The United Way, Volunteer Jax and Dreams Come True
Mr. Jimerson has also served as an Adjunct Professor of Business Law at the Florida Community College at Jacksonville and as a regular lecturer at the University of North Florida, Florida Coastal School of Law, and the University of Florida Levin College of Law on topics relative to the practice of business law. Mr. Jimerson periodically serves as a guest speaker at various construction, credit, real estate and banking industry conferences or trade association meetings. Mr. Jimerson takes great pride in his community and philanthropic outreach.
Commercial Litigation and Creditors Rights
- Served as litigation counsel and accounts receivable collection arm for regional plant and tree nursery, automotive dealership conglomerate, several national medical supply companies, multiple construction materials suppliers, architectural firms, informational technology firms, marketing and public relations firms, accounting firms, private schools, insurance brokerages and agencies, commercial landlords, industrial equipment suppliers, meat wholesalers and suppliers, direct internet marketing companies, private equity lenders, audio visual production companies, large logistics companies, commercial printers, commercial real estate development companies, construction companies, large general contractors and various sub-contractors in the construction industry (concrete, carpet, painting, brick pavers, land clearing, land surveyors, electrical, tile installation, glass and windows, industrial coatings and linings, drywall, insulation, demolition, HVAC, waste management, plumbing, kitchen remodeling, pool installation), and many condominium and homeowners associations.
- Represented class certified shareholders in shareholders derivative action brought against members of board of directors for breaching fiduciary duties and usurping corporate opportunity in $560 million food retail merger.
- Obtained substantial recovery for materials supplier and guarantors in $185,000,000 lender liability action based upon lender fraud in the inducement during loan modifications and breaches of fiduciary duties owed post-modification. Four year litigation was successfully settled on eve of trial after extensive dispositive motion practice, depositions of more than 40 corporate executives and experts, and exchange of hundreds of thousands of documents.
- Co-counsel in dispute involving business owners seeking to dissolve controlling partnerships of businesses valued in excess of $600,000,000.
- Represented publicly traded custom formed metal products manufacturer in complex proceedings supplementary litigation and subsequent proceedings to set aside fraudulent transactions in avoidance of creditors.
- Obtained expulsion of partners from partnership in dispute amongst owners of real estate franchises, air cooling systems company, and financial management company,commodities trading mutual fund and insurance brokerage.
- Gained successful outcome for clients seeking enforcement of or defending temporary and permanent injunctions arising out of non-compete agreements in the mortgage brokerage, medical, franchise management, government contract consulting and financial services fields.
- Represented members of limited liability company in actions relating to breach of fiduciary duty and conversion against managing member of LLC for misprision of assets.
- Represented marina in liquidation of inventory in preparation for impending business sale, first chair for trials of breach of contract claims achieving full recovery of amounts sought.
- Terminated automotive franchise and dealer agreements, advised client on all legal issues pertinent to impending corporate merger and litigated disputed issues pertinent to franchise termination.
- Facilitated favorable resolution in several Florida Deceptive and Unfair Trade Practices Act actions.
- Represented injured Plaintiffs in products liability defect case against large pharmaceutical company.
- Domesticated and collected several out-of-state judgments for foreign businesses seeking recovery from Florida defendants.
- Successfully defended Federal Fair Debt Collection Practices Act claims against commercial and consumer debt collectors.
- Executed on and recovered millions of dollars in judgments for commercial collections clients through multifarious post-judgment garnishments and asset seizures.
- Obtained treble damages judgments and judgment recovery on NSF actions that were otherwise written off as bad debt.
- Litigated several cases involving issues with companies forced into court-ordered receivership.
- Obtained successful judgment recovery on garnishments ranging from accounts receivables and petty cash seizure to commercial lease deposits to gas royalties and beyond.
- Represented global defense and aerospace corporation in litigating breached distributor agreements and protecting rights stemming therefrom.
- Successfully obtained attorney’s fees on equitable claims arising from breached oral agreement in construction setting by employing Florida’s offer of judgment mechanisms.
- Obtained judgment of $3.7 million predicated on a series of fraudulent misrepresentations in construction contracting.
- Represented petroleum company in declaratory action regarding disputes of insurance coverage and premium liabilities.
- Litigated Florida’s Uniform Fraudulent Transfer Act, successor liability and improper corporate wind down actions on behalf of creditors against fraudfeasing debtors.
- Represented several federal credit unions on matters such as regulatory compliance, credit reporting, identity theft, member transactions, employment policies, and all related litigation services including, foreclosures, collection actions, lender liability cases, actions against officers and directors, and regulatory enforcement defense cases.
- Represented property owners in negligence and bailment actions based on the damaging of property held by business owners, obtaining full value recovery of damaged property.
- Defended departed daily money management independent contractor in short notice temporary injunction proceedings alleging breach of non-competition and non-solicitation agreements.
- Represented international pharmaceuticals company in prosecuting claims against employees who breached their duty of loyalty by working with competitors during employment.
- Represented homeowners association in finding hidden international investment brokerage accounts of judgment debtor to garnish and obtain recovery on six figure judgment.
- Obtained dismissal with prejudice for publicly traded medical products supplier accused of engaging in widespread unfair and deceptive trade practices.
- Represented post-Chapter 11 asset purchaser in defaulting and terminating non-compliant franchises, negotiating and drafting contracts for perpetual intellectual property rights licensure of franchises,obtaining recovery on royalties in arrears, stifling and enjoining competing former franchisees, litigating and successfully resolving franchise agreement breaches.
- Obtained no monies paid settlement and dismissal of action in defense of international events promotion company based upon allegations of trademark infringement, fraud in the inducement and civil conspiracy pertaining to failed European music festival.
Construction, Real Estate and Community Associations Law
- Represented multiple general contractors and sub-contractors in construction lien filing and foreclosure on commercial and residential development projects.
- Obtained full recovery on large resort hotel construction project for plumbing, drywall, and carpentry sub-contractors when all other subcontractors settled for 50-75 percent of contract and liened value.
- Successfully appealed denial of municipal minority business certification for commercial remodeling company.
- Drafted and negotiated construction contracts for owners, general contractors and subcontractors on commercial construction projects ranging from $400,000-$150,000,000.
- Tried Circuit and County Court cases for breach of contract for regional and local materials suppliers.
- Litigated and arranged for the replevin of more than two million dollars worth of construction equipment.
- Received full recovery for deposits on property for client in dispute over commercial land lease.
- Represented land development partnership in multi-million dollar construction delay dispute.
- Audited and developed in-house credit policy directives at several construction industry organizations.
- Recovered full contract claim and successfully defended land surveyors and construction materials suppliers against defective and insufficient product and services claims in Circuit Court trials.
- Defended commercial tenant in lease dispute with damages alleged at more than $800,000 based upon defenses of constructive eviction.
- Regularly engaged by construction clientele to review or draft Notice of Commencement, Notices to Owner/Contractor, Claims of Lien, Notice of Nonpayment, lien releases, payment and transfer bonds forms, Contractor’s Final Payment Affidavit’s, AIA Construction Contracts, prime and sub-contracts and other statutory or industry required documents.
- Terminated improper “pay when paid” contract for subcontractor resulting in full recovery of contract price under contract.
- Represented materials supplier in $200,000 bond recovery against general contractor on large county contract.
- Represented materials suppliers and subcontractors in Federal Miller Act claims for improvements performed on Federal lands.
- Represented owners and development companies in knocking out improperly filed lien claims through technical arguments based on failure to obtain licensure, failure to follow statutory protocols and liening without a contract.
- Litigated defective common elements case on behalf of condominium unit owner aggrieved from faulty construction and breaches of fiduciary duty by Condominium Association Board of Directors.
- Represented construction materials supplier in state agency prompt pay action.
- Successfully defended Fraudulent Lien claims on behalf of good-faith lien filers.
- Successfully defended subcontractor against common law indemnity claims filed by general contractor arising out of liens recorded by lower tiered subs and suppliers.
- Litigated slander of title dispute arising from improper securing of property by foreclosing lender resulting in loss of potential short-sale of property.
- Obtained full recovery on several Agricultural Bond claims for agricultural products dealer.
- Advised regional businesses in construction lien and bond law basics in each state of operation throughout the Southeast U.S.
- Served as local counsel to out-of-state claimants seeking to enforce Florida liens or requiring counsel on Florida construction or real estate law related issues.
- Defended asphalt contractor against contract and warranty claims stemming from alleged defective parking lot and horizontal site work.
- Negotiated waiver of liquidated damages accrual against construction company as asserted by municipality stemming from alleged non-compliant construction with project plans and contract terms.
- Served as intermediary between new purchaser and seller of multiple businesses to work out issues remaining from sale transaction.
- Litigated and mediated case to obtain full recovery on behalf of hard money lender against mortgage brokerage and its principals stemming from fraudulent real estate transactions.
- Obtained successful pre-suit settlement for roofing contracting in avoidance of costly construction defect litigation through invoking Chapter 558 inspection, testing and discovery procedures.
- Represented hotel chain owners on $1.5 million construction defect and fraudulent lien discharge litigation based on failures in acoustics and substantial project delay claims.
- Obtained summary judgment quieting title for 94-year-old pro-bono client whose daughter-in-law alienated marital homestead of client’s deceased wife through duress and undue influence.
- Audited and revised corporate, construction contracting, human resources and credit forms and policies for commercial construction product supplier.
- Advised aggrieved high-rise condominium unit owners on issues pertaining to condominium association financial malfeasance and non-compliance with statutory requirements in board operations.
- Regularly travel to Tallahassee and meet with construction and real estate industry lobbying teams on behalf of industry trade groups to further industry legislative initiatives.
- Represented homeowner against national developer based on water intrusion defects resulting in homeowner obtaining full repair of defects, code violations and reimbursement of all costs.
- Obtained full value recover in favor of biotechnical support services company against debtor located in Puerto Rico.
Banking and Lender Liability Law
- Successfully litigated and provided counsel for several Note Breach and Mortgage Foreclosure cases for community, state and national financial and lending institutions, resulting in replevin of secured property, loan workouts, deeds in lieu of foreclosure and mortgage foreclosure.
- Regularly foreclose priority commercial mortgages against all inferior lienors, including construction and judgment liens, state and federal tax liens and subordinate private or government SBA mortgages.
- Represented community bank in taking over four operating entities of defaulted hotel owners through receivership and foreclosure on $6 million of loans.
- Litigated title dispute on collateral held by secured lender seeking to set aside transaction with predecessor in interest in possession of collateral through improper means.
- Represented private lender in matter against closing agents related to negligent disbursement of closing funds and multiple other tortious violations.
- Counseled lending institutions in replevin and repossession of collateralized property, both pre- and post-judgment.
- Enforced deficiency judgments against personal guarantors of loan agreements.
- Assisted restaurateur in multiple complex commercial real estate and leasing workouts with landlord and lenders resulting in diminished personal liability and forgiveness of substantial amount of corporate debt.
- Regularly represent lenders in replevin of secured collateral and proper UCC disposition of assets, obtaining judgments through consent or summary proceedings, and processing requests for SBA guaranteed money.
- Represented acquiring lender in obtaining and liquidating assets obtained through FDIC loss share transaction.
- Counseled lender in documenting sale of commercial paper on loan pool to purchasing lender.
- Obtained dismissal of action brought against large bank in Federal Court regarding frivolous constitutional allegations.
- Represented defrauded community bank in pursuing collection against at fault parties in Nigerian Check Scam case resulting in substantial recovery of monies wrongly wired.
- Provided counsel to large secured lender in Chapter 7 filing adversarial action to recover estate assets acquired post-UCC Article 9 take over.
- Initiated adversary proceedings on behalf of large estate in Chapter 11 filing and collected on monies paid to creditors as illegal preference payments.
- Represented secured and unsecured creditors in obtaining priority share distribution from bankruptcy estate, challenging discharge, obtaining relief from stay and voicing opposition to liquidation or reorganizational plan confirmation.
- Represented many creditors accused of taking numerous Bankruptcy Code §547 preference payments on basis that payments made during the reference period were made in the ordinary course of the business of the debtor and the creditor on ordinary business terms.
- Represented unsecured creditors in objecting to turnover of assets held by a third party and claimed by the trustee as property of the estate, including all necessary evidentiary hearings to determine qualification of estate property.
- Represented largest secured creditor in working with Chapter 11 debtor to strip inferior liens in order to maintain substantially similar loan pre-petition loan terms on confirmed plan. Consistently objected to plan and stifled filings until favorable plan reached.
- Represented numerous commercial landlords in obtaining resumption of commercial leases for reorganizing tenants in Chapter 11 proceedings, or relief from stay to evict if resumption is impracticable.
- Resolved bankruptcy preference action for commercial builder with more than $100,000 of exposure for less than $2,500 at early stages of litigation.
- Served as local counsel for complex contested bankruptcy proceedings of evidentiary nature.
Business and Administrative Law
- Negotiated largely advantageous consent order and obtained registration for a Fortune 500 conglomerate as a Service Warranty Association resulting in potential revenue implications estimated at $1,000,000,000.
- Drafted state legislation and advocated for several Florida counties in championing reforms of the 2007 House of Representatives Bill 1A, resulting in property insurance rate reductions of up to 60 percent and policyholder savings of hundreds of millions of dollars for counties’ residents.
- Quashed Petition for Quo Warranto challenging City Commissioner’s right to office.
- Absolved insurer of allegations asserted by the Florida Bar pertaining to unauthorized practice of law.
- Drafted and revised commercial credit applications, business purchase and sale agreements, commercial prime and sub-contracts, construction management agreements, AIA general and supplemental conditions, reinsurance trust agreements, investment advisor representative agreements, mortgage brokerage agreements, employment agreements, land purchase and sale agreements, service contract administrative agreements, service warranty agreements, insurance policies and endorsements, government consulting agreements, software development and license agreements, third party services agreements and recreational vehicle consignment agreements.
- Counseled in all issues pertaining to set up of complex corporate structure for many start-up companies, to include drafting of all initial corporate or limited liability company regulatory documents and operating agreements.
- Served as general counsel to companies purchasing franchises and all issues pertaining to franchising rights.
- Counseled upstart short sale negotiation and processing company in streamlining business plan, solidifying and codifying corporate partnerships and drafting processing agreement with all necessary addendums.
- Advised several public officials regarding interpretation of local and state election laws.
- Successfully appealed denial of student-athlete rights to compete in Florida High School sports programs in pro-bono representation.
- Serve as General Counsel to The Tim Tebow Foundation on legal issues pertaining to human resources, risk management and exculpating liability.
- Obtained reduction in property tax assessment upon appeal for overtaxed clients.
Intellectual Property Law
- Oversaw registration and approval process for many trademark, service mark and copyright registrations and consumer confusion disputes.
- Assisted with trademark infringement appeal to the 11th Circuit Court of Appeals and oral argument for same.
- Negotiated cease and desist agreements based on infringement of intellectual property rights and litigated breach of same.
- “Business Litigation,” University of North Florida Paralegal Program, 2009
- “Florida and Georgia Construction Lien Law,” NACM 2010
- Mock Residential Foreclosure Trial, Florida Coastal School of Law 2011
- “Accounts receivable collections under Florida’s Construction Law,” NEFBA 2011-12
- “Asset protection for contractors,” The Continuing Education Academy 2012
- “Corporate contracting and credit policies,” CEO Nexus Forum 2012
Attorney Charles Jimerson shares his viewpoint with the Jacksonville Business Journal regarding Jacksonville’s economic recovery. Click here to view the article.
Attorney Charles Jimerson comments on receiverships. Click here to view the article online in the Jacksonville Business Journal.
In a Financial News & Daily Record article titled, “The Florida Bar Mentoring Program Rolled out in Jacksonville”, Charles Jimerson was asked to comment on the enhancing program for students. The article appeared in the November 19 2012 issue. Click here to view the article.
Charles Jimerson and Christopher Cobb listed as ‘Jacksonville’s Top Lawyers’ in the October 2012 issue of 904 Magazine. Click here to view the issue.
In a Jacksonville Business Journal article titled, “Body Central shareholder files suit over stock plunge,” Charles Jimerson was asked to comment on the case. The article appeared in the September 14-20, 2012, issue. Clickhere to view the article.
J&C managing partner Charles Jimerson was profiled in this month’s featured section of Realty/Builder Connection in last week’s issue of the Jacksonville Business Journal. Click here to view the article online or here to view the article as a PDF.
In a May 11th article in the Jacksonville Business Journal, Charles Jimerson was asked for his opinion regarding a Walmart slip-and-fall case that was thrown out when the plaintiff was found to have committed fraud in the pre-discovery phase of the trial.
In an April 27th article in the Jacksonville Business Journal, Charles Jimerson was quoted regarding a Downtown riverfront condo project that abruptly stopped construction because of the down real estate market.
Charles Jimerson was quoted in a February 17th article in the Jacksonville Business Journal regarding the impact of a settlement agreement between the nation’s largest mortgage services.
In a story picked up by The Wall Street Journal, Forbes, USA Today and Yahoo! Finance, two Jacksonville newspapers broke news about Jimerson & Cobb’s filing of a shareholders derivative action to block $560 Million acquisition.
April 2011 (see separate PDF)
Charles Jimerson was named to the 2011 Jacksonville Business Journal’s 40 Under 40, a designation that names the top business professionals in the community under the age of 40.
February 2011 (see separate PDF)
Charles Jimerson was questioned on tactics used by condominium associations to reclaim unpaid association fees for the article in the February 11-17, 2011, edition of the Jacksonville Business Journal.