Previous Law Firm Name

• Sears & Manuel, P.A.
• Sears & Munroe

Languages

• English

Law Firm Overview

Jim Sears has practiced law in Central Florida since 1974. He is a member of The Florida Bar (the Business Law, Criminal Law, General Practice, Practice Management & Technology, Real Property, Probate & Trust Law, and Trial Lawyers Sections in various years), the Orange County Bar Association (Solo & Small Firm Committee, 1995 to 1998, Chairperson of the Membership Directory Subcommittee in 1996; the State and Federal Trial Practice Committee, 1995 to 1998 approximately; the Courtroom Technology Subcommittee, 1996; the Judicial Relations Committee various years and the Luncheon Committee; 1978-1979), the Legal Aid Society of the Orange County Bar Association (Certificate of Appreciation for exceptional degree of service in August, 2005) and the National Bond Claims Association. He is admitted to practice in all state courts in Florida and has appeared in the courts in most of the major cities in the state. He represents individuals and businesses in matters involving business and commercial litigation, construction and real property litigation, collections, contracts, consumer issues, conversion, corporations, evictions, fraud, indemnity, insurance, interpleader, landlord/tenant, leases (commercial and residential), construction liens (mechanic's liens), mortgage foreclosure, motor vehicle dealers, partnership, probate (administration and litigation involving surcharge actions against a personal representative and curators), real property litigation, replevin, sales, secured transactions, surety and indemnity litigation, wills and estates. He also works as a neutral third party in mediation and arbitration. He has served as an expert witness on attorney's fees in a number of cases.

A good portion of his practice has involved handling litigated and non-litigated disputes related to the motor vehicle business over the past twenty five years. That has included disputes between new and used car dealers, retail customers, auctions, lenders and bonding companies. The disputes have included but are not limited to agency questions, civil theft, non-payment of vehicles, odometer rollbacks, stolen vehicles, rebuilt and for-hire vehicles, altered VINs (vehicle identification number), fraud, deceptive and unfair trade practices, deceptive advertising, repossession/conversion, breach of oral and written contracts, lease irregularities, liens not paid, bad checks or drafts, failure to deliver title, breach of warranty, breach of consignment agreement, indemnity, violations of The Motor Vehicle Retail Sales Finance Act, the Florida Motor Vehicle Repair Act, Florida Statute Chapters 319 (Title Certificates) and 320 (Motor Vehicle Licenses), and the Code of Federal Regulations relating to Truth In Lending (Regulation Z), and Federal Trade Commission rules relating to Deceptive Pricing, the Used Motor Vehicle Trade Regulation Rule and the Magnuson-Moss Warranty Act (lemon law).

As an Assistant State Attorney from 1976 to 1979 he prosecuted all types of felony, misdemeanor and juvenile cases and handled extraditions, non-support, search warrants and charged cases. In private practice he defended ail types of criminal and juvenile cases for approximately nine (9) years.

He has lived in the Orlando and Central Florida area 50 years and is a graduate of Edgewater High School in 1967.

Areas of Practice

• Business & Commercial Litigation
• Construction and Real Property Litigation
• Mediation & Arbitration
• Surety & Indemnity
• Corporate
• Collections
• Wills & Estates

Pro Bono Activities

• Legal Aid Society of the Orange County Bar Association, 1974 - Present
• Muscular Dystrophy Association Downtown Lockup Fundraiser, 2005
• Orlando Historical Society
• Boone Foundation (for William It. Boone High School), 1997 - 2000
• Member, Fund Raising Committee, National Kidney Foundation, 1995 - 1996
• Florida Academy of Professional Mediators, Inc.
• Automotive Industry Defense League, 1995 - 2000
• Gathering of Men, Delaney Park Little League, 1993 - 1996
• Vice President, Gathering of Men, Delaney Park Little League, 1995 - 1996
• Aircraft Owners and Pilots Association, Inc., 1993 - Present
• Central Florida Independent Automobile Dealers Assoc, Inc., 1993 - 1998
• Florida Independent Automobile Dealers Assoc, Inc., 1995 - 1996
• Orlando Aero Club, Inc., 1992 - 2005
• Angel Flight, 1992 - 2001
• Angel Flight, Board of Directors, 1995 - 1998
• Indian Guides, 1994 - 1995
• Chairman, Christmas Shopping Program, 1978

Representative Clients

• Insurance Company of North America
• Westchester Fire Insurance Company
• Indemnity Insurance Company of North America

Representative Cases

• Hubbell v. Aetna, 758 So. 2d 94 (FLA S. Court 2000)
• Aetna V. Hubbell, 704 So. 2d 1141 (5th DCA 1998)

West Practice Categories

Alternative Dispute Resolution, Arbitration, Mediation, Auto Dealer Fraud, Foreclosures, Business & Commercial Law, Commercial Leasing, Consumer Protection, Contracts, Debtor/Creditor, Uniform Commercial Code, Warranties, Business Organizations, Closely Held Businesses, Corporate Governance, Limited Liability Companies, Partnerships, Collections, Construction Law, Construction Contracts, Construction Liens, Estate Planning, Living Wills, Powers of Attorney and Appointment, Trusts, Wills, Insurance Law, Fidelity, Guarantee & Surety, Litigation & Appeals, Complex Litigation, State Appellate Practice, State Trial Practice, Probate & Estate Administration, Estate Administration, Real Estate Law, Commercial Real Estate, Landlord/Tenant