The Law Office of Brantley Oakey

09/10/2021

After years of battling with the School Board of Collier County and two appeals to the Second District Court of Appeals, I am happy to announce that my co-plaintiffs and I prevailed in our claim that the School Board violated the Sunshine Law by delegating authority to textbook committees to select some 36 textbooks outside the public view.

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04/17/2018

Childers vs. FGCU et al., has settled. In this case, Mr. Childers sued FGCU and five administrators after being disciplined for posting an offensive joke on Facebook.

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09/23/2017

This gentlemen retained me today to sue his landlord. What's happened to Mr. McFee and his family is awful. This should never happen. Landlords are not allowed to engage in self-help evictions and doing so will result in steep penalties for the landlord. Still, whatever damages are won for the McFees won't properly compensate this family for the stress and hassle of returning from an evacuation to find the locks changed.

http://www.fox4now.com/news/local-news/marco-island-family-evicted-while-evacuating-from-irma

A Marco Island man who evacuated his family ahead of Hurricane Irma returned to find that his landlady had changed the locks on his home, after missing his rent due date on September 1. The landlady's attorney said rent was delinquent for longer, and was about $1,900 in arrears. But the tenant says…

09/22/2017

Collier Tenants:

If your dwelling was damaged in Hurricane Irma, you need to send a certified letter to your landlord demanding he/she repair the damage within 7 days or you'll withhold rent. This is required by Florida Statute 83.56. Depending on the severity of the damage to the property, you may end up not paying any rent for the duration of the time it takes the landlord to get the property habitable again, or you may end up having the rent reduced by the amount of the dwelling that was rendered unusable. If you fail to send this letter, you are not justified in withholding rent and may be evicted for non-payment from a unit that's not even habitable. We're happy to offer a free consultation to tenants who have been impacted by Hurricane Irma. Alternatively, the Florida Bar has template you can use online when drafting a letter to your landlord: https://www.floridabar.org/wp-content/uploads/2017/04/form-4.pdf.

06/01/2017

The Law Office of Brantley Oakey is actively taking part in this attempt to ensure that the textbooks used to teach our children are accurate and unbiased.

Florida Citizens Alliance has filed an emergency injunction against Collier County schools, saying the district must restart the current textbook adoption process. This lawsuit was filed Wednesday in The Circuit Court for the 20th Judicial Circuit in and for Collier County. The Collier County School

04/07/2017

"Well-qualified" seems like a bit of an understatement until you realize it's the highest possible rating available from the ABA. Congratulations to Judge Neil Gorsuch, who has been confirmed as the newest Supreme Court Justice and will be sworn in on Monday.

The American Bar Association has rated Neil Gorsuch, President Donald Trump’s nominee for the U.S. Supreme Court, “well qualified.”The rating&...

03/16/2017

Here's a fantastic story with some constitutional law sprinkled in.

http://kut.org/post/he-got-bad-grade-so-he-got-constitution-amended-now-hes-getting-credit-he-deserves

This story was originally performed as part of Pop Up Magazine . With everything that’s going on in politics these days, it helps to remember the power

05/21/2015

Today I won a defamation case for my client who was defamed in an online review. This is a growing area of the law because reviews have become essential to the success of a business. Consumers need to be careful what they write online. While pure opinion is protected by the Constitution, any false assertions of a factual nature could land you in court. What is an example of pure opinion? Statements such as "this business overcharges" and "the staff was not friendly" are examples of pure opinion. However, statements like "this company is known for ripping people off" and "this company scammed me out of 500 bucks" are not protected because they are of a factual nature and can be proven false.

02/12/2015

We're working to keep in check a school board that has a history of violating its own policies, state statutes, and now the Constitution.

http://www.nbc-2.com/clip/11127081/parent-files-federal-lawsuit-against-collier-co-school-district

NBC2 News and Weather online for Southwest Florida, serving Lee, Collier, Charlotte, Desoto, Glades and Hendry counties