Civil Appeals and Original Proceedings Attorneys
Striving for optimal results - State and Federal Courts
The experienced appellate attorneys at Kynes, Markman & Felman handle a wide variety of appeals in state and federal courts on behalf of individual and corporate clients. Each attorney served as a judicial law clerk. Each brings a unique perspective to the appellate process and to the way in which appellate judges approach the cases before them.
Kynes, Markman & Felman understands that to succeed on appeal, a meticulous review of the facts, a comprehensive understanding of the law, and a polished and concise presentation are required. Attention to detail is key. The firm works closely with individual and corporate clients and their trial counsel to ensure that the best and strongest case possible is presented to the appellate court.
The firm’s appellate law experience is comprehensive, including everything from post-trial motions and appeal briefs to oral arguments. Firm attorneys consider accepting any type of civil appeal, but they have special proficiency in:
Kynes, Markman & Felman also handles interlocutory appeals and original proceedings in federal and state courts, including nonfinal appeals and petitions for writs of certiorari, prohibition, mandamus, or habeas corpus. The firm's attorneys bring an in-depth knowledge of appellate procedure to bear in these specialized proceedings, which often involve crucial pretrial rulings that can affect an entire case.
Kynes, Markman & Felman is proud of its accomplishments on behalf of it appellate clients. Some of the firm's noteworthy cases are listed below.
- Chris’s Portable Toilets, Inc. v. David Dixon, 2017 WL 510888 (Fla. 2d DCA Feb. 8, 2017), winning affirmance of a judgment on wrongful termination
- CCP Fishhawk, LLC v. Fulcher, 222 So. 3d 1215 (Fla. 2d DCA 2017), winning affirmance of summary judgment in a contracts case involving a personal guarantee
- Healthport Technologies, LLC v. Allen, 207 So. 3d 229 (Fla. 2d DCA 2016), winning affirmance of a permanent injunction and declaratory judgment in a class action regarding illegal copy costs for medical records
- Bailey v. St. Louis, 196 So. 3d 375 (Fla. 2d DCA 2016), winning reversal of judgment in a tortious interference case and remand with instructions to reconsider damages, resulting in significantly increased damages award on remand
- Clemons v. Clemons, 195 So. 3d 376 (Fla. 2d DCA 2016), winning affirmance of support and custody rulings in final judgment of dissolution of marriage
- Essentials Massage and Facial of New Tampa, LLC v. Doe, 181 So. 3d 490 (Fla. 2d DCA 2015), winning affirmance of judgment for $12.5 million in personal injury case
- Robles v. Isenbergh, 178 So. 3d 410 (Fla. 2d DCA 2015), winning affirmance of judgment totaling over $7 million in compensatory and punitive damages in breach of fiduciary duty case
- Zemlik v. Denny, 175 So. 3d 807 (Fla. 2d DCA 2015), winning affirmance of $2 million judgment in a personal injury case
- Taylor Morrison Services, Inc. v. Carol Ecos and Susan Bessing, 163 So. 3d 1286 (Fla. 1st DCA 2015), winning reversal of unlicensed contractor ruling and treble damages in a construction defect case
- Bank of America, N.A. v. Daniel Ivan Schultz and Iam Schultz, Case No. 2D14-4794, 2015 WL 917799, 172 So. 3d 875 (Fla. 2d DCA 2015), winning dismissal of certiorari review of order permitting claim for punitive damages
- Bank of America, N.A. v. Daniel Ivan Schultz and Iam Schultz, Case No. 2D14-4272, 2015 WL 917796, 172 So. 3d 875 (Fla. 2d DCA 2015), winning dismissal of certiorari review of order requiring bifurcation and separate trials
- Trans Health Management, Inc., et al. v. Richard Nunziata, as Personal Representative of the Estate of Elvira Nunziata, Deceased, (Consolidated Cases, Nos. 2D12-764, 2D12-809, 2D12-810, 2D12-2102), 159 So. 2d 850 (Fla. 2d DCA 2014), winning dismissal of appeal of $200 million judgment for lack of standing
- Fritz v. Forgette, 151 So. 3d 1244 (Fla. 2d DCA 2014), winning affirmance of a judgment of over $1 million in a personal injury case
- Kessler v. Rundell, 151 So. 3d 1247 (Fla. 2d DCA 2014), winning affirmance of a new-trial order in a personal injury case
- Florida Birth-Related Neurological Injury Compensation Ass’n v. Basey, 136 So. 3d 600 (Fla. 2d DCA 2014), winning affirmance of an order enforcing a settlement agreement in a complex class action case
- Harding v. Winkler, 122 So. 3d 374 (Fla. 2d DCA 2013), winning affirmance of a judgment in a personal injury case
- Tibar LLC v. Williams, Parker, Harrison, Dietz & Getzen, P.A., 125 So. 3d 160 (Fla. 2d DCA 2013), affirmance of defense verdict in complex legal malpractice action
- Heiny v. Heiny, 113 So. 3d 897 (Fla. 2d DCA 2013), reversing divorce judgment on equitable distribution
- Houle v. Houle, 93 So. 3d 1027 (Fla. 2d DCA 2012), affirmance of divorce judgment on equitable distribution
- Rowledge v. Holmes, 88 So. 3d 945 (Fla. 2d DCA 2012), affirmance of new trial order on damages
- White v. Advanced Neuromodulation Systems, Inc., Wendy Bolin, R.N., and Pain Management Systems, Inc., 51 So. 3d 613 (Fla. 2d DCA 2011), 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, 43 So. 3d 55 (Fla. 2d DCA 2010), an uninsured motorist case; verdict of more than $3 million affirmed
- Winters v. Mulholland, 33 So. 3d 54 (Fla. 2d DCA 2010), won 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), 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), medical malpractice judgment that exceeded $1.5 million affirmed
- State Farm Insurance Co. v. Lahey, 972 So. 2d 186 (Fla. 2d DCA 2008), verdict of approximately $3.8 million in an uninsured motorist case affirmed
- Geraci v. Geraci, 963 So. 2d 904 (Fla. 2d DCA 2007), 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), complex contract dispute also involving millions of dollars worth of property affirmed
- Stanley v. Greystone Medical Group, Inc., 952 So. 2d 525 (Fla. 2d DCA 2006), won reversal in a case involving ownership of a valuable medical product
- Azenha v. Larry, 928 So. 2d 1225 (Fla. 2d DCA 2006), medical malpractice judgment exceeding $4.7 million affirmed
- Mishkin v. Gurian, 205 Fed. Appx. 856, 2006 WL 2374238 (2d Cir. 2006), reversed $200 million judgment
- Nunez v. Westfield Homes of Florida, Inc., 925 So. 2d 1108 (Fla. 2d DCA 2006), won a reversal of an order compelling arbitration in a class action case
- The Estate of Canavan v. National Healthcare Corp., et al., 889 So. 2d 825 (Fla. 2d DCA 2005), won the main appeal and the cross-appeal on behalf of a victim of nursing home abuse
- Montage Group, Ltd. and Digital Editing Services, Inc. v. Athle-Tech Computer Systems, Inc., 889 So. 2d 180 (Fla. 2d DCA 2004), $8 million award in a breach of contract case affirmed
- Smith v. Foremost Insurance Company, 884 So. 2d 341 (Fla. 2d DCA 2004), reversing summary judgment for defendants in class action litigation
- Lochmere Development Group, Inc. v. Eiger Fund I, L.P., unpublished (11th Cir. 2002), case settled after filing of initial brief
- Perdue Farms Incorporated v. Hook and H&N Foods, Inc., 777 So. 2d 1047 (Fla. 2d DCA 2001), a trade secrets case, an award totaling almost $32 million plus attorney's fees affirmed; Perdue Farms believed to be the largest Hillsborough County verdict ever affirmed by the Second District Court of Appeal
- Markborough Development Co., Ltd. v. Jackson, No. 2D01-2552 (Fla. 2d DCA), which involved the death of one child and a catastrophic brain injury to another; $10 million case settled after briefing
- Veltmann v. Fireman's Fund Insurance Companies, unpublished (11th Cir. 2001), won reversal of a mid-trial dismissal
- Boca Grande Club v. Florida Power & Light Co., 511 U.S. 222 (1994), a multi-million dollar appeal successfully briefed and argued in the U.S. Supreme Court
- Beverly Enterprises-Florida, Inc. v. Korte, 753 So. 2d 93 (Fla. 2d DCA 1999), won on appeal
- Howard v. Perez, 707 So. 2d 845 (Fla. 2d DCA 1998), won main appeal and cross-appeal
- Farrior v. Farrior, 712 So. 2d 1154 (Fla. 2d DCA 1998), 736 So. 2d 1177 (Fla. 1999), appellate co-counsel for the wife in an important dissolution of marriage case; Second District reversed the decision of trial court in favor of the husband and the Florida Supreme Court affirmed
- Florida Power & Light Co. v. Polackwich, 677 So. 2d 880 (Fla. 2d DCA 1996), won reversal
- 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)
- Progressive Cas. Ins. Co. v. Motsinger, 636 So. 2d 515 (Fla. 2d DCA 1993)
- Mr. Markman has been named by BEST LAWYERS IN AMERICA as the 2017 Tampa “Lawyer of the Year” for Appellate Practice. He has for many years been listed in BEST LAWYERS IN AMERICA for appellate law, commercial litigation, “bet-the-company” litigation, and white-collar criminal defense. Mr. Markman is also listed in FLORIDA SUPER LAWYERS for appellate practice, and has been named as one of “The Top 100” Lawyers in Florida, and one of “The Top 50” Lawyers in Tampa Bay. He is listed in FLORIDA TREND’S FLORIDA LEGAL ELITE for appellate practice. Mr. Markman is one of "America's Top 100 Attorneys."
- Ms. Norse is listed in BEST LAWYERS IN AMERICA for appellate practice. She is also named in FLORIDA SUPER LAWYERS for appellate practice, and has been named as one of “The Top 50 Women Lawyers in Florida,” and one of “The Top 50” Lawyers in Tampa Bay. She is listed in FLORIDA TREND’S FLORIDA LEGAL ELITE for appellate practice.
- Kynes, Markman & Felman, P.A., has been named since 2011 as a BEST LAW FIRM in Tampa by U.S. NEWS and BEST LAWYERS, the leading survey of lawyers worldwide. Most recently, the firm has been recognized for Appellate Practice.
- The firm is AV rated by Martindale-Hubbell, which is the highest rating available, and is listed in the BAR REGISTER OF PREEMINENT LAWYERS.
Contact Mr. Markman or Ms. Norse to discuss your legal needs by calling (813) 229-1118 or (800) 584-3375.
Character. Drive. Perseverance.
Connect with Kynes, Markman & Felman, P.A. to leverage the experience and legal acumen possessed by the firm’s distinguished appellate law attorneys.