Exhibit 5.1 Smith Mackinnon Opinion & Consent

We have acted as counsel to TIB Financial Corp., a Florida corporation (the “Company”), in connection with the preparation and filing of a registration statement on Form S-8 under the Securities Act of 1933, as amended, with respect to 252,617 shares of the Company’s Common Stock, $0.10 par value (the “Shares”), to be offered pursuant to the above-referenced plan (the “Plan”).

In rendering this opinion, we have relied upon, among other things, our examination of the Plan and such records of the Company and certificates of its officers and of public officials as we have deemed necessary.

Based upon the foregoing and the further qualifications stated below, we are of the opinion that:

1. The Company is duly incorporated, validly existing and in good standing under the laws of the State of Florida; and

2. The Shares have been duly authorized and, when purchased by the Plan in accordance with the terms of the Plan, will be legally issued, fully paid and non-assessable.

We hereby consent to the filing of this opinion with the Securities and Exchange Commission as an exhibit to such registration statement.

	SUITE 800	POST OFFICE BOX 2254 ORLANDO, FLORIDA 32802-2254
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JOHN P. GREELEY		EMAIL: JPG7300@AOL.COM

		Very truly yours, Smith Mackinnon, PA
	By:	/s/ John P. Greeley
		John P. Greeley

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