Robert W. Ritsch, Of Counsel, graduated from Rollins College in 1984. In 1988, he graduated with honors from the University of Florida Law School. Mr. Ritsch was a law clerk to Magistrate Judge Thomas G. Wilson of the United States District Court in the Middle District of Florida, Tampa Division. Upon completion of his clerkship with Magistrate Judge Wilson, Mr. Ritsch 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.
Mr. Ritsch is a member of both the Florida and North Carolina bars. Prior to his clerkships, Mr. Ritsch was in private practice concentrating on commercial real estate and litigation. After his clerkships, he returned to the private sector concentrating on an appellate practice in federal and state courts both in Florida and North Carolina.
Professional Experience
- KYNES, MARKMAN & FELMAN, P.A., Tampa, FL
Of Counsel, 2001-Present; Contract Attorney, 1998-2001 - ROBERT W. RITSCH, Clearwater, FL, Solo Practice, 1999-2001
- NATIONAL LEGAL RESEARCH GROUP, INC., Chapel Hill, NC
Senior Attorney, 1998-1999 - RITSCH & LEVY, Clearwater, FL, Partner, 1995-1998
- FULLER, JOHNSON & FARRELL, P.A., Tallahassee, FL, Associate, 1994-1995
- U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Law Clerk to U.S. Circuit Judge Paul H. Roney, 1993-1994 - U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
Law Clerk to U.S. Magistrate Judge Thomas G. Wilson, 1990-1993 - HOLLAND & KNIGHT , Lakeland, FL
Associate, 1988-1990
Mr. Ritsch Has Assisted In The Following Significant Civil Appeals:
- Bailey v. St. Louis, 2018 WL 6816180 (Case No. 2D17-895, Fla. 2d DCA Dec. 28, 2018) (pending on rehearing motions) (Bailey II) (won reversal of inadequate damages awarded on remand in complex business tort case with directions to enter judgment for out-of-pocket damages of $6.8 million and to increase disgorgement damages from $1,050,000 in light of evidence showing those damages should be $264 million)
- Bailey v. St. Louis, 196 So. 3d 375 (Fla. 2d DCA 2016) (Bailey I) (won reversal and remand for plaintiffs of “grossly insufficient” damages judgment in a complex business torts case)
- Essentials Massage and Facial of New Tampa, LLC v. Doe, 181 So. 3d 490 (Fla. 2d DCA 2015) (won affirmance of $12.5 million judgment in favor of sexually assaulted plaintiff against massage therapy business)
- Fritz v. Forgette, 151 So. 3d 1244 (Fla. 2d DCA 2014) (won affirmance for plaintiff of a judgment of over $1 million in a personal injury case)
- Rowledge v. Holmes, 88 So. 3d 945 (Fla. 2d DCA 2012) (affirmance in a personal injury case)
- Price v. Stillwell, 96 So. 3d 897 (Fla. 2d DCA 2012) (affirmance of judgment in a personal injury case involving expert discovery disputes)
- Rubrecht v. Cone Distributing, Inc., 95 So. 3d 940 (Fla. 5th DCA 2012) (decision reversing low jury verdict in a personal injury case due to evidentiary errors)
- Phillips v. Rodriguez, 66 So. 3d 948 (Fla. 5th DCA 2011) (Table decision) (affirmance of a judgment for more than $7 million in a medical malpractice case)
- All-Rite Hauling, Inc. v. Shankle, 64 So. 3d 1268 (Fla. 2d DCA 2011) (Table decision) (affirmance of a judgment in a personal injury case)
- Calvary Chapel Worship Center, Inc., et al. v. Jane Doe, et al., 64 So. 2d 681 (Fla. 2d DCA 2011) (Table decision) (venue appeal)
- White v. Advanced Neuromodulation Systems, Inc., Wendy Bolin, R.N., and Pain Management Systems, Inc., 51 So. 3d 613 (Fla. 2d DCA 2011) (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, 43 So. 3d 55 (Fla. 2d DCA 2010) (affirmance of a verdict of more than $3 million in an uninsured motorist case)
- Winters v. Mulholland, 33 So. 3d 54 (Fla. 2d DCA 2010) (reversal of a $1.5 million judgment for civil theft)
- Whitehead v. Smith, 23 So. 3d 1281 (Fla. 2d DCA 2010) (an important decision regarding the composition of arbitration panels in medical malpractice cases)
- Shaffer v. Icely, 16 So. 3d 282 (Fla. 2d DCA 2009) (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) (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) (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) (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) (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) (reversal in a case involving ownership of a valuable medical product)
- Azenha v. Larry, 928 So. 2d 1225 (Fla. 2d DCA 2006) (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) (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) (court affirmed award of over $8 million in a breach of contract case)
- The Estate of Canavan v. National Healthcare Corp., et al., 889 So. 2d 825 (Fla. 2d DCA 2005) (both main appeal and cross-appeal on behalf of a victim of nursing home abuse)
- Perdue Farms Incorporated v. Hook and H&N Foods, Inc., 777 So. 2d 1047 (Fla. 2d DCA 2001) (trade secrets case, affirmance of an award totaling almost $32 million plus attorney fees)
- Markborough Development Co., Ltd. v. Jackson, Case No. 2D01-2552 (Fla. 2d DCA 2002) (case involved the death of one child and catastrophic brain injury to another, $10 million case settled after briefing)
- Veltmann v. Fireman’s Fund Insurance Companies, unpublished (11th Cir. 2001) (reversal of a mid‑trial dismissal)
- Beverly Enterprises-Florida, Inc. v. Korte, 753 So. 2d 93 (Fla. 2d DCA 1999) (won appeal of nursing home abuse case)
- Mr. Ritsch 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
Legal Education
- University Of Florida College Of Law, 1988
- J.D. with Honors, Class Standing: Upper 15%
- International Law Journal
- Book Awards: Contracts and Remedies
Undergraduate Education
- ROLLINS COLLEGE, Winter Park, FL, 1984
- B.A. with Honors in Business Administration
- Varsity Baseball Team
Admissions
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- The Florida Bar, 1988
- The North Carolina Bar, 1997
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. Court of Appeals for the Eleventh Circuit