Erin J. O'Leary

Contact:
eoleary@orlandolaw.net

Of Counsel

Erin J. O'Leary is Of Counsel with Garganese, Weiss, D’Agresta & Salzman, P.A. She is board certified by The Florida Bar as a specialist in Appellate Practice and is "AV" rated by Martindale-Hubbell for ethical standards and legal ability. She previously served on the Florida Bar Appellate Court Rules Committee. Ms. O'Leary's practice is focused on the areas of appellate practice and complex litigation support. In those capacities, she represents clients on appeal to Florida's District Courts of Appeal, the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the Supreme Court of the United States. Additionally, she assists trial counsel by briefing complex legal arguments at the trial level in both state and federal courts.

Ms. O'Leary has represented clients in a significant number of complex and precedent setting cases in both state and federal courts.

Ms. O'Leary is admitted to practice in Florida state and federal courts, the United States Court of Appeals for the Eleventh Circuit, and the Supreme Court of the United States. She earned her law degree from Nova Southeastern University, and earned her bachelor's degree in English from the University of Florida.

  • Appellate Law
  • City, County and Local Government Law
  • Civil Rights and Constitutional Disputes
  • Class Action Litigation
  • Education and School Law
  • First Amendment Disputes

Certified by The Florida Bar as a Specialist in Appellate Practice.

  • Appointed by Governor Rick Scott to the Eighteenth Circuit Judicial Nominating Committee - term completion June 2013
  • Florida Super Lawyers, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017
  • Florida Super Lawyers Rising Stars 2009 by Law and Politics.
  • 9th Edition Black's Law Dictionary Panel of Practitioner Contributors
  • “AV” rating by Martindale-Hubbell
  • Arch Specialty Ins. Co. v. Riviera Assisted Living, LLC, 981 So. 2d 1248 (Fla. 5th DCA 2008)
  • Barzilay v. Carlton Palms Educ. Ctr., Inc., 875 So. 2d 1280 (Fla. 5th DCA 2004)
  • Bell v. City of Winter Park, 745 F.3d 1318 (11th Cir. 2014)
  • Binford v. City of Winter Springs, 969 So. 2d 1098 (Fla. 5th DCA 2007)
  • Board of County Commissioners v. City of Cocoa, 953 So. 2d 8 (Fla. 5th DCA 2007)
  • Carter v. City of Melbourne, Fla.,731 F.3d 1161 (11th Cir. 2013)
  • Chalifoux v. Sanchez, 991 So. 2d 432 (Fla. 1st DCA 2008)
  • City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013) (Appearance on behalf of Amici Curiae)
  • Cleveland v. City of Cocoa Beach, 221 Fed. Appx. 875 (11th Cir. 2007)
  • Crystal Dunes Owners Ass’n, Inc. v. City of Destin, Fla., 476 Fed. Appx. 180 (11th Cir. 2012)
  • Cuva v. State, 687 So. 2d 274 (Fla. 5th DCA 1997)
  • D.D.M. v. State, 662 So. 2d 384 (Fla. 5th DCA 1995)
  • D.K. ex rel. Kennedy v. District School Bd. Indian River County, 981 So. 2d 667 (Fla. 4th DCA 2008)
  • Department of Children and Families v. School Board of Osceola County, 935 So. 2d 1235 (Fla. 5th DCA 2006)
  • Flowers v. City of Melbourne, No. 6:12-cv-202-Orl-18KRS, 2013 WL 12098771 (M.D. Fla. Aug. 21, 2013)
  • Flowers v. City of Melbourne, 557 Fed. Appx. 893 (11th Cir. 2014)
  • Gipson v. State, 667 So. 2d 418 (Fla. 5th DCA 1996)
  • Heidrich v. Florida Equine Veterinary Serv., 86 So. 3d 527 (Fla. 5th DCA 2012)
  • Johnson v. State, 674 So. 2d 208 (Fla. 5th DCA 1996)
  • Koziara v. City of Casselberry,239 F. Supp. 2d 1245 (M.D. Fla. 2002)
  • Koziara v. City of Casselberry, 347 F. Supp. 2d 1223 (M.D. Fla. 2003)
  • Koziara v. City of Casselberry, 392 F.3d 1302 (11th Cir. 2004)
  • Lefkowitz v. Quality Labor Mgmt., LLC, 159 So. 3d 147 (Fla. 5th DCA 2014)
  • Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014) (Appearance on behalf of Amici Curiae)
  • McKee v. City of Casselberry, 873 So. 2d 373 (Fla. 5th DCA 2004)
  • Mennella v. State, 658 So. 2d 1114 (Fla. 5th DCA 1995)
  • Meredith v. Sch. Bd. of Osceola County, Florida, 260 Fed. Appx. 214 (11th Cir. 2007)
  • Morris v. City of Cape Coral, 163 So. 3d 1174 (Fla. 2015) (Appearance on behalf of Amici Curiae)
  • Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)
  • Orange County v. Expedia, Inc., 985 So. 2d 622 (Fla. 5th DCA 2008)
  • Rowe v. City of Cocoa, Fla., 16 Fla. L. Weekly Fed. D 600 (M.D. Fla. 2003)
  • Rowe v. City of Cocoa, Fla., 358 F.3d 800 (11th Cir. 2004)
  • Sch. Bd. of Osceola County v. Acads. of Excellence, Inc., 914 So. 2d 981 (Fla. 5th DCA 2005)
  • Sch. Bd. of Osceola County v. State Bd. of Educ., 903 So. 2d 963 (Fla. 5th DCA 2005)
  • Sch. Bd. of Osceola County v. State Bd. of Educ., 998 So. 2d 647 (Fla. 1st DCA 2008)
  • Sch. Bd. of Osceola County v. UCP of Cent. Florida, 905 So. 2d 909 (Fla. 5th DCA 2005)
  • Sch. Bd. of Osceola County v. Universal Educ. Services, Inc., 990 So. 2d 1210 (Fla. 5th DCA 2008)
  • Sch. Dist. of Indian River County v. Florida Pub. Employees Relations Com'n, 64 So. 3d 723 (Fla. 4th DCA 2011)
  • Sea World of Florida, Inc. v. Ace Am. Ins. Companies, Inc., 28 So. 3d 158 (Fla. 5th DCA 2010)
  • Seminole County v. City of Winter Springs, 935 So. 2d 521 (Fla. 5th DCA 2006)
  • Seminole Entm't, Inc. v. City of Casselberry, 866 So. 2d 1242 (Fla. 5th DCA 2004)
  • Simon v. Celebration Co., 883 So. 2d 826 (Fla. 5th DCA 2004)
  • State v. Becton, 665 So. 2d 358 (Fla. 5th DCA 1995)
  • State v. Siegel, 662 So. 2d 1013 (Fla. 5th DCA 1995)
  • Thomas v. City of Palm Coast, No. 3:14-cv-172-J-32PDB, 2015 WL 7429051 (M.D. Fla. Nov. 23, 2015)
  • Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995)
  • Young v. City of Palm Bay, Fla., 358 F.3d 859 (11th Cir. 2004)
  • Your Dreams Inc. v. City of Palm Bay, 193 Fed. Appx. 839 (11th Cir. 2006)