Stuart C. Markman's Profile
Stuart C. Markman is listed by THE BEST LAWYERS IN AMERICA for appellate law, commercial litigation, Bet-The-Company litigation, and white-collar criminal defense. Mr. Markman is also listed in LEADING AMERICAN ATTORNEYS for civil appellate law. FLORIDA TREND has named him one of the top 2% of attorneys in the state by listing him in FLORIDA LEGAL ELITE for appellate practice every year. Based on peer recognition and professional achievement, FLORIDA SUPER LAWYERS has recognized Mr. Markman for his appellate practice and has recognized him as one of "The Top 100" Lawyers in Florida. FLORIDA MONTHLY has included him as one of FLORIDA'S TOP LAWYERS for appellate practice. CORPORATE COUNSEL has recognized Mr. Markman as a Top Lawyer for Bet-The-Company Litigation. Mr. Markman was awarded the 2002 George C. Carr Memorial Award for excellence in federal practice and distinguished service to the Federal Bar.
Mr. Markman graduated magna cum laude from Wake Forest University in 1976. In 1979, he graduated with honors from Wake Forest University School of Law. Following law school, Mr. Markman was a law clerk to United States District Judge George C. Carr in the Middle District of Florida, Tampa Division. Upon completion of his clerkship with Judge Carr, Mr. Markman served as a law clerk on the appellate level to Judge Paul H. Roney of the United States Court of Appeals for the Eleventh Circuit.
After his clerkships, Mr. Markman entered private practice in Tampa concentrating on appeals and litigation support. In addition to his appellate law practice, Mr. Markman serves as an Adjunct Professor of appellate law at Stetson University College of Law. He is also a master of appellate practice in the J. Clifford Cheatwood Inn of the American Inns of Court and serves as the Inn's Treasurer since 2009, a member of the Florida Justice Association's Appellate Practice Section, and a member of the Association's Amicus Curiae Committee. Mr. Markman is a trustee of the Hillsborough County Bar Foundation. He is past chair of the Local Rules Advisory Committee for the federal courts in the Middle District of Florida.
Mr. Markman has both lectured at and chaired appellate practice seminars. He has lectured at the appellate board certification review courses for candidates sitting for the Florida appellate certification examination. He is a past chair of the Appellate Practice Section of the Hillsborough County Bar Association, and has served as the Section's liaison to the Second District Court of Appeal. Mr. Markman served many years as a member of the Executive Council of The Florida Bar's Appellate Practice and Advocacy Section. He also served for many years as a member of The Florida Bar's Appellate Rules Committee. Mr. Markman is a past president of the Tampa Bay Chapter of the Federal Bar Association and a former board member of the Hillsborough County Bar Association's Trial Lawyers Section.
Appeals Mr. Markman has handled include White v. Advanced Neuromodulation Systems, Inc., Wendy Bolin, R.N., and Pain Management Systems, Inc., 51 So. 3d 613 (Fla. 2d DCA 2011), in which he won a decision that a defendant medical device programmer was not liable to a patient under the "undertaker's doctrine"; State Farm Mutual Automobile Insurance Co. v. Brainard, 2010 WL 3463653 (Fla. 2d DCA Sept. 3, 2010), an uninsured motorist case, in which he won an affirmance of a verdict of more than $3 million; Winters v. Mulholland, 35 Fla. L. Weekly D267 (Fla. 2d DCA Jan. 29, 2010), in which he won a reversal of a $1.5 million judgment for civil theft; Whitehead v. Smith, 23 So. 3d 1281 (Fla. 2d DCA 2010), in which he won an important decision regarding the composition of arbitration panels in medical malpractice case; Shaffer v. Icely, 16 So. 3d 282 (Fla. 2d DCA 2009), in which he won a reversal of a dismissal and established that ultrasound technicians owe a duty of care to patients; Johnson v. Justice, 995 So. 2d 966 (Fla. 2d DCA 2008), in which he won an affirmance of a medical malpractice judgment that exceeded $1.5 million; State Farm Insurance Co. v. Lahey, 972 So. 2d 186 (Fla. 2d DCA 2008), in which he won an affirmance of a verdict of approximately $3.8 million in an uninsured motorist case; Geraci v. Geraci, 963 So. 2d 904 (Fla. 2d DCA 2007), in which he prevailed in a case involving an issue of first impression and millions of dollars worth of commercial property; Geraci v. Geraci, 951 So. 2d 840 (Fla. 2d DCA 2007), in which he won an affirmance of a complex contract dispute also involving millions of dollars worth of property; Stanley v. Greystone Medical Group, Inc., 952 So. 2d 525 (Fla. 2d DCA 2006), in which he won a reversal in a case involving ownership of a valuable medical product; Azenha v. Larry, 928 So. 2d 1225 (Fla. 2d DCA 2006), in which he won an affirmance of a medical malpractice judgment that exceeded $4.7 million; Nunez v. Westfield Homes of Florida, Inc., 925 So. 2d 1108 (Fla. 2d DCA 2006), in which he won a reversal of an order compelling arbitration in a class action case; Montage Group, Ltd. and Digital Editing Services, Inc. v. Athle-Tech Computer Systems, Inc., 889 So. 2d 180 (Fla. 2d DCA 2004), in which the court affirmed an award of over $8 million in a breach of contract case; and The Estate of Canavan v. National Healthcare Corp., et al., 889 So. 2d 825 (Fla. 2d DCA 2005), in which he won both the main appeal and the cross-appeal on behalf of a victim of nursing home abuse.
In Perdue Farms Incorporated v. Hook and H&N Foods, Inc., 777 So. 2d 1047 (Fla. 2d DCA 2001), a trade secrets case, Mr. Markman won an affirmance of an award totaling almost $32 million plus attorney's fees. Perdue Farms is believed to be the largest Hillsborough County verdict ever affirmed by the Second District Court of Appeal.
Mr. Markman also provided litigation support to trial counsel for the plaintiff in Maris Distributing Co. v. Anheuser-Busch, Inc., Circuit Court for Alachua County, Case No. 97-22 CA J, in which the plaintiff won a partial final judgment in excess of $72 million. He handled the appeal in Markborough Development Co., Ltd. v. Jackson, Case No. 2D01-2552 (Fla. 2d DCA), which involved the death of one child and a catastrophic brain injury to another. That $10 million case settled after briefing. Mr. Markman won a reversal of a mid-trial dismissal in Veltmann v. Fireman's Fund Insurance Companies, unpublished (11th Cir. 2001). Mr. Markman also handled Boca Grande Club v. Florida Power & Light Co., 511 U.S. 222 (1994), a multi-million dollar appeal he successfully briefed and argued in the United States Supreme Court. Mr. Markman won Beverly Enterprises-Florida, Inc. v. Korte, 753 So. 2d 93 (Fla. 2d DCA 1999), and won both the main appeal and cross-appeal in Howard v. Perez, 707 So. 2d 845 (Fla. 2d DCA 1998). Mr. Markman was appellate co-counsel for the wife in Farrior v. Farrior, 712 So. 2d 1154 (Fla. 2d DCA 1998), 736 So. 2d 1177 (Fla. 1999). In that important dissolution of marriage case, the Second District reversed the decision of trial court in favor of the husband and the Florida Supreme Court affirmed. Mr. Markman won a reversal in Florida Power & Light Co. v. Polackwich, 677 So. 2d 880 (Fla. 2d DCA 1996). He was also successful in Deen v. Florida Power & Light Co., 713 So. 2d 1075 (Fla. 2d DCA 1998); Sonkin v. Estelle, 676 So. 2d 1374 (Fla. 2d DCA 1996); Pizza Hut of America, Inc. v. Miller, 696 So. 2d 340 (Fla. 1997), 674 So. 2d 178 (Fla. 2d DCA 1996); Marable v. Fernandez, 656 So. 2d 1284 (Fla. 2d DCA 1995); Walters v. Spaniel, 651 So. 2d 1207 (Fla. 2d DCA 1995); and Progressive Cas. Ins. Co. v. Motsinger, 636 So. 2d 515 (Fla. 2d DCA 1993).