Striving for optimal results – State and Federal Courts

Stuart Markman, Kristin Norse and Brandon Breslow, 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 of the firm’s partners has 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:

Original Proceedings

Kynes, Markman & Felman handles interlocutory appeals as well as original proceedings in federal and state courts, including nonfinal appeals, petitions for writ of certiorari, prohibition, mandamus, and habeas corpus.  The firm’s attorneys bring an in-depth knowledge of appellate procedure to bear in these specialized proceedings, which often involve critical pretrial rulings that can be dispositive of the entire case.

Appellate results

Kynes, Markman & Felman is proud of its accomplishments on behalf of its appellate clients. Some of the firm’s noteworthy cases are listed below.

• Avatar Properties, Inc. v. Gundel, 372 So. 3d 715 (Fla. 6th DCA 2023) (won affirmance of class action judgment of over $34 million on behalf of community residents against residential developer for violation of Florida Homeowners’ Association law)
• Thomas v. Broward County Sheriff’s Office, 71 F.4th 1305 (11th Cir. 2023) (won affirmance of judgment in favor of employee in USERRA discrimination case and reversal on cross-appeal of order denying liquidated damages, resulting in doubling of judgment)
• Buffington v. Buffington, 2023 WL 4043760 (Fla. 6th DCA June 16, 2023) (won affirmance of equitable distribution including significant valuation of start-up technology business)
• Laboratory Corp. of America v. Davis, 339 So. 2d 318 (Fla. 2022) (won affirmance of Second District opinion in favor of FCCPA plaintiff in class action case involving statutory interpretation)
• Abdel-Aziz, M.D. v. Chelsea T. Stewart and Cody Wasden, 2021 WL 5980718 (Fla. 2d DCA 2021) (won affirmance of over $40 million judgment in wrongful birth case)
• Levesque v. Government Employees Insurance Company, 817 Fed.Appx. 670 (U.S. Ct. of App. 11th Cir 2020) (won reversal of judgment in favor of insurer in bad faith case and remand to award additional damages)
• UATP Management, LLC v. Barnes, 2021 WL 1431617 (Fla. 2d DCA Apr. 16, 2021) (won affirmance of order denying arbitration in serious injury case
• Watts v. Goetz, 311 So. 3d 253 (Fla. 2d DCA 2020) (won reversal of a defense judgment in a legal malpractice case)
• Lincare Holdings, Inc. v. Ford, 307 So. 3d 905 (Fla. 2d DCA 2020) (won reversal of a judgment notwithstanding the verdict in an employment case and reinstatement of the verdict)
• Gundel v. AV Homes, 290 So. 3d 1080 (Fla. 2d DCA 2020) (won reversal of order denying in part class certification)
• Gundel v. AV Homes, Inc., 264 So. 3d 304 (Fla. 2d DCA 2019) (won grant of certiorari petition in favor of class action plaintiffs against residential developer defendant requiring dismissal of defendant’s SLAPP suit)
• Bailey v. St. Louis, 268 So. 3d 197 (Fla. 2d DCA 2018) (Bailey II) (won reversal of inadequate damages awarded on remand in complex business tort case, resulting in entry of judgment of approximately $370 million)
• REV Recreation Group, Inc. v. LDRV Holdings Corp. d/b/a Lazydays RV, 259 So. 3d 232 (Fla. 2d DCA Nov. 9, 2018) (won main appeal and cross-appeal upholding entry of injunction in favor of plaintiff RV dealership and against defendant manufacturer and defendant competing dealership and cross-appeal reversing requirement of a bond)
• Healthport Technologies, LLC v. Allen, 207 So. 3d 229 (Fla. 2d DCA 2016) (won affirmance for plaintiffs of a permanent injunction and declaratory judgment in a complex class action regarding illegal copying costs for medical records)
• 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)
• Clemons v. Clemons, 195 So. 3d 376 (Fla. 2d DCA 2016) (won 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) (won affirmance of $12.5 million judgment in favor of sexually assaulted plaintiff against massage therapy business)
• Robles v. Isenbergh, 178 So. 3d 410 (Fla. 2d DCA 2015) (won affirmance for plaintiff 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) (won affirmance for plaintiff of $2 million judgment in personal injury case)
• Bank of America, N.A. v. Daniel Ivan Schultz and Iam Schultz, 172 So. 3d 875 (Fla. 2d DCA 2015) (won dismissal of certiorari review of order permitting claim for punitive damages)
• Taylor Morrison Services, Inc. v. Carol Ecos and Susan Bessing, 163 So. 3d 1286 (Fla. 1st DCA 2015) (won reversal for defendant home builder of treble damages award in construction defect case and of ruling that defendant was an unlicensed contractor)
• Trans Health Management, Inc., et al. v. Richard Nunziata, as Personal Representative of the Estate of Elvira Nunziata, Deceased, 159 So. 2d 850 (Fla. 2d DCA 2014) (won dismissal for plaintiff of nursing home’s appeal of $200 million judgment)
• 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)
• Florida Birth-Related Neurological Injury Compensation Ass’n v. Basey, 136 So. 3d 600 (Fla. 2d DCA 2014) (won affirmance for plaintiff of an order enforcing a settlement agreement in a complex class action case)
• Heiny v. Heiny, 113 So. 3d 897 (Fla. 2d DCA 2013) (won reversal of divorce judgment on equitable distribution)
• State Farm Mutual Automobile Insurance Co. v. Brainard, 43 So. 3d 55 (Fla. 2d DCA 2010) (won affirmance for plaintiff of verdict of more than $3 million in uninsured motorist case)
• Winters v. Mulholland, 33 So. 3d 54 (Fla. 2d DCA 2010) (won reversal for defendant of a $1.5 million judgment for civil theft)
• Shaffer v. Icely, 16 So. 3d 282 (Fla. 2d DCA 2009) (won reversal for plaintiff and established rule that ultrasound technicians owe a duty of care to patients)
• Johnson v. Justice, 995 So. 2d 966 (Fla. 2d DCA 2008) (won affirmance for plaintiff of medical malpractice judgment that exceeded $1.5 million)
• State Farm Insurance Co. v. Lahey, 972 So. 2d 186 (Fla. 2d DCA 2008) (won affirmance for plaintiff of $3.8 million judgment in uninsured motorist case)
• Geraci v. Geraci, 963 So. 2d 904 (Fla. 2d DCA 2007) (won case of first impression involving millions of dollars’ worth of commercial property)
• Stanley v. Greystone Medical Group, Inc., 952 So. 2d 525 (Fla. 2d DCA 2006) (won reversal for plaintiff in a case involving ownership of a valuable medical product)
• Azenha v. Larry, 928 So. 2d 1225 (Fla. 2d DCA 2006) (won affirmance for plaintiff of judgment exceeding $4.7 million in medical malpractice case)
• Nunez v. Westfield Homes of Florida, Inc., 925 So. 2d 1108 (Fla. 2d DCA 2006) (won reversal for plaintiffs of an order compelling arbitration in a class action case against home builder)
• The Estate of Canavan v. National Healthcare Corp., et al., 889 So. 2d 825 (Fla. 2d DCA 2005) (won reversal for plaintiff in nursing home abuse case of first impression)
• Montage Group, Ltd. and Digital Editing Services, Inc. v. Athle-Tech Computer Systems, Inc., 889 So. 2d 180 (Fla. 2d DCA 2004) (won affirmance for plaintiff of $8 million award in a breach of contract case)
• Smith v. Foremost Insurance Company, 884 So. 2d 341 (Fla. 2d DCA 2004) (won reversal for plaintiffs of summary judgment in class action case)
• Perdue Farms Incorporated v. Hook and H&N Foods, Inc., 777 So. 2d 1047 (Fla. 2d DCA 2001) (won affirmance for plaintiff in trade secrets case of award totaling almost $32 million plus attorneys’ fees)
• Markborough Development Co., Ltd. v. Jackson, No. 2D01-2552 (Fla. 2d DCA 2003) (represented plaintiffs; settled after briefing in case involving death of one child and catastrophic brain injury to another)
• Boca Grande Club v. Florida Power & Light Co., 511 U.S. 222 (1994) (multi-million-dollar appeal successfully briefed and argued in the U.S. Supreme Court)
• Farrior v. Farrior, 712 So. 2d 1154 (Fla. 2d DCA 1998), 736 So. 2d 1177 (Fla. 1999) (won reversal of judgment in Second District and affirmance of reversal in Florida Supreme Court in major dissolution of marriage case)
• Pizza Hut of America, Inc. v. Miller, 696 So. 2d 340 (Fla. 1997), 674 So. 2d 178 (Fla. 2d DCA 1996) (won dismissal for plaintiff of defendant employer’s workers’ compensation immunity appeal)

Additional Successes

• 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 appeal on nursing home abuse case)
• 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)

Recognition

• Mr. Markman has been named by Best Lawyers in America as the 2019 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 named him as one of “The Top 100” Lawyers in Florida from 2009-2018 and one of “The Top 50” Lawyers in Tampa Bay from 2013-2018, 2020.  He is listed in Florida Trend’s Florida Legal Elite for appellate practice, and has been induced into the Legal Elite Hall of Fame.
• 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,” one of “The Top 50” Lawyers in Tampa Bay, and one of “The Top 100” Lawyers in Florida.  She is listed in Florida Trend’s Florida Legal Elite for appellate practice.
• Mr. Breslow is listed in Best Lawyers: Ones to Watch and Florida Super Lawyers Risings Stars for appellate practice.
• Kynes, Markman & Felman, P.A., has been named as a Best Law Firm in Tampa by U.S. News & World Report and Best Lawyers, the leading survey of lawyers worldwide. Most recently, the firm has once again been recognized as a Top Tier Law Firm for appellate practice and commercial litigation.
• 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, Ms. Norse, or Mr. Breslow 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.