Who We Are

Waterway Black

Waterway Black P.A. is a trial firm based in Fort Lauderdale. We represent companies and individuals in all aspects of civil litigation throughout Florida. Our clients depend on our counsel and support from claim investigation and analysis through trial in state and federal courts. We offer experienced advocacy and outstanding service to clients in the areas of business litigation, personal injury, product liability, railroad defense, transportation litigation, moving company lawsuits, coordinating counsel/litigation management, and risk management.

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Before forming Waterway Black in 2013, our founding partners built successful trial practices at a sophisticated international litigation and business law firm. Combining this background with a passion for client service, a zeal for efficiency, and a flair for law and courtroom technology, the attorneys of Waterway Black are ideally positioned to achieve best possible results on a small business budget.

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accountability-lawKen Waterway and co-counsel Lindsey Tenberg (Lindsey M. Tenberg P.A./Lighthouse Point FL – lindsey@ltenberglaw.com) obtained a defense verdict for their client in jury trial in Fort Lauderdale.  In the case of Soto v. Weiss, 17th Judicial Circuit Court case no. 11-209004, Tenberg and Waterway Black represented Jason Weiss, a Pompano Beach real estate professional.

The case arose out of a pair of financial transactions in which Weiss, the plaintiffs, and others contributed money for short-term/high interest loans to a developer purchasing lots.  The developer defaulted on the loans.  The plaintiffs filed suit against Weiss (who had coordinated the transactions), asserting various theories of liability before ultimately claiming at trial that: (1) their $260,000 contribution was actually a loan to Weiss personally that Weiss was obligated to repay, and (2) Weiss made and broke a subsequent oral promise to refund the plaintiffs’ contribution from the proceeds of the sale of a house.

Case ClosedFollowing a four-day jury trial presided over by the Honorable Thomas M. Lynch IV, the jury deliberated for approximately an hour before returning a complete defense verdict in favor of Weiss.  The litigation was often contentious and a significant strain on Mr. Weiss and his family.

In addition to the gratification that comes from winning a hard-fought jury trial, Ken and Lindsey found it extremely rewarding to team up and achieve this happy outcome for the Weiss’.

ken-waterway-attorneyKen Waterway successfully represented Florida Aircraft Services, Inc. (“FAS”) in connection with an eviction/damages lawsuit filed by the City of Avon Park, resulting in a significant settlement payment to FAS and dismissal of the City’s lawsuit with prejudice.

For many years, FAS provided services at Avon Park Executive Airport (AVO), a city-owned public use airport in Central Florida. FAS’s principal, Richard McKenzie, was a key figure in the development and operation of AVO for more than a decade, and a longtime key contributor to the aviation community in and around Highlands County. However, through a history and series of events that is probably common in small towns throughout America, FAS found itself occupying two of the largest structures at AVO on only a handshake agreement. FAS pursued the contractual protections of a written lease with the City, but these efforts repeatedly failed as the City apparently had a different vision for the future of AVO. Eventually the City demanded that FAS vacate its two large occupancies at AVO, invoking Florida law that can be used to evict a tenant without a written lease on very short notice and without any requirement of good cause.

DismissalThe City even filed a lawsuit in Highlands County, which sought eviction and thousands of dollars in damages for allegedly unpaid rent. FAS turned to Waterway Black for help; Ken protected the company through aggressive and creative representation. Despite the challenging facts and Florida law regarding tenancies at will, Ken secured a reasonable period of time for FAS to wind up its affairs at the airport, and developed a claim against the City on behalf of FAS that ultimately resulted in a settlement payment to FAS and the City’s complete release of FAS for any liability for unpaid rent.