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Kimberly A. Ashby
Kimberly A. Ashby
Partner 
420 South Orange Avenue
Suite 1200
Orlando, FL 32801
 
Tel:
407.423.4000
Fax:
407.843.6610
 
 

Kim Ashby is Board Certified by The Florida Bar in Construction Law and Appellate Practice. She is a frequent author and presenter on topics relating to appellate practice, construction, and business litigation. Kim also has recently been ranked by Chambers USA, The Best Lawyers in America, and Florida Trend magazine. Notable client work includes representation of developers, contractors, and governmental entities on a range of complex litigation matters, including lenders and special servicers in CMBS foreclosures and workouts.
 
Representative Experience
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Represented Appellants Bankers Trust Company and Lennar Partners, Inc. on the appeal of judgments for lender liability predicated on alleged oral agreements with the principal of the borrower. Bankers Trust Co. v. Basciano, 960 So. 2d 773 (Fla. 5th DCA 2007)
 
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Represented the Authority as petitioner for a writ of common law certiorari to review an injunction against the use of all traffic infraction remedies as a result of the breach of the transponder agreements for all toll roads in Seminole County. Orlando-Orange County Expressway Authority v. Baird, So. 2d (Fla. 5th DCA 2008)
 
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Represented health care faculty in appeal of judgment, predicated on administration of TPA therapy. St Joseph's Hospital v. Cox, 14 So. 3d 1124 (Fla. 2d DCA 2009)
 
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Represented Appellant on a $2.5 million judgment rendered against client on lost profits issue. Network Publications v. Bjorkman, 756 So. 2d 1028 (Fla. 5th DCA 2000)
 
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Represented developer in construction lien disputes. Wolf Creek Land Co. v. Masterpiece Homes, Inc., 942 So. 2d 995 (Fla. 5th DCA 2006)
 
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Represented RV manufacturer in defect litigation. Coberley v. ThorIndustries, Inc., 908 So. 2d 486 (Fla. 5th DCA 2005)
 
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Represented Respondent on review of conflict certiorari that addressed attorney's fee awards in surety bond claims. Hubbel v. Aetna Casualty & Surety Co., No. SC92532 & SC922848 (Fla. 2000)
 
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Represented Appellee in the first conditional payment bond case. North American Specialty Insurance Co. V. Hughes Supply, Inc., 705 So. 2d 616 (Fla. 4th DCA 1998)
 
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Represented Appellant on review of non-compete clause for client. Lotenfoe v. Pahk, 747 So. 2d 422 (Fla. 2d DCA 1999)
 
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Represented Appellant in review of construction conditional payment bond issue. WMS Construction, Inc. v. Palm Springs Miles Assoc., Ltd, 762 So. 2d 973 (Fla. 3d DCA 2000)
 
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Represented Orange County as client on tax exemption issue. Trinity Temple Church of God in Christ v. Orange County, 681 So. 2d 765 (Fla. 5th DCA 1996)
 
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Represented ground lessee tenant of Winter Park Mall on issue of capitalization caps under 99 year ground lease. Orlando Regional Center Assoc. V. Ivey Properties, Inc., 622 So. 2d 1094 (Fla. 5th DCA 1993)
 
Awards & Recognition
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Board Certified in Construction Law, The Florida Bar Board of Legal Specialization and Education
 
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Board Certified in Appellate Law, The Florida Bar Board of Legal Specialization and Education
 
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Justice Harry Lee Anstead Award, The Florida Bar Board Certified Lawyer of the Year, 2013
 
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The Best Lawyers in America 2006-2014, Listed in Florida for Appellate Practice, Construction Law, and Litigation - Construction
 
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Chambers USA 2004-2014, Ranked in Florida for Construction
 
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Super Lawyers Magazine 2006-2014, Listed in Florida for Construction Litigation, Appellate, and Business Litigation
 
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Super Lawyers Magazine 2006, 2011-2014, Listed in Florida as a "Top 50 Women Lawyer"
 
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Super Lawyers Magazine 2013, Listed in Florida as one of the "Top 100 Lawyers"
 
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The Legal 500 2012, 2014 Recommended for Real Estate & Construction - Construction
 
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Florida Trend's Legal Elite 2006-2012, Listed for Construction
 
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The Best Lawyers in America 2011, Listed as "Lawyer of the Year" for Construction Law in Orlando
 
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Florida Trend's Legal Elite 2009-2011, Listed for Appellate Practice
 
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The International Who's Who of Business Lawyers 2006-2011, Recommended for Construction
 
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The Florida Bar Construction Law Committee 2010, Lifetime Achievement Award
 
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Orlando Business Journal 1998, "Top 5 Women In Construction Litigation"
 
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Orlando Business Journal 1996, Recognized as one of the "40 Under 40"
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
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Kimberly Ashby is a frequent lecturer on topics relating to appellate practice, construction, and business litigation.
 
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Florida Bar Construction Certification Review Course, Author, "Prompt Pay in Florida," 2010
 
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Advanced Judicial Studies Conference for Florida Circuit Judges, Speaker, "Florida Lien and Surety Law," 2009
 
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Florida Bar Construction Law Institute, Author, "Construction Defect Digest," 2009
 
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Florida Bar Construction Law Institute, Author, "Primer on the Initiation and Perfection of a Construction Creditor's Rights," 2008
 
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Florida Bar Construction Law Institute, Author, "Record Preparation and Presentation of the Appeal," Florida Bar Construction Law Committee, 2007
 
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Lorman Seminar, Speaker, "Drafting The Perfect Construction Contract," 2007
 
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"Construction Issues in a Distressed Condo Market," Author, 2007
 
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NBI, Speaker, "Legislative Update On Commercial Issues," 2007
 
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Orlando Business Journal, Author, "Proper Payments: When and How to Pay Under Construction Contracts," 2002
 
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Central Florida Builders Exchange (CFBE), Speaker, "Construction Lien Law Update," 2007
 
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Orlando Business Journal, Author, "Contractors Without Licenses Demolish Enforceable Contract Rights," 1999
 
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Central Florida Builders Exchange (CFBE), Author, AIA Documents, 1998
 
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Melbourne Construction, Speaker, "Construction Lien Law," 1998
 
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Hughes Supply, Speaker, "Construction Lien Law," 1998
 
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Lorman Seminar, Speaker, "Conditional Payment Bonds and Lien Foreclosure," 1998
 
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Lien and Legal Review, Author, "When is a Partial Lien Release Really a Final Lien Release and Vice Versa?," 1993
 
Professional Memberships & Activities
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The Florida Bar, Construction Law Certification Review Course, Chair, 2009-2011; Construction Certification Committee, Past Chair; Construction Law Committee, Past Vice Chair; Appellate Practice Certification Committee, Past Chair; Appellate Rules Committee, Past Appointee; Appellate Court Rules, Member
 
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American Bar Association, Appellate Practice Committee, Member; Subcommittee on Publications, Chair; Construction Litigation Committee, Co-Chair
 
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American Inns of Court, Central Florida Chapter, Founding Barrister
 
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Central Florida Builders Exchange (CFBE), General Counsel
 
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Central Florida Association for Women Lawyers, Member
 
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Children's Home Society, Mentor
 
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Community Coordinated Care for Children, Inc. (4C), Past Chair
 
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Orlando Shakespeare Company, Board Member
 
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Orlando Opera, Past Board Member
 
Related Professional Experience
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Appellate Law Clerk to Judge Monterey Campbell III, Second District Court of Appeal
 

Associated News, Events and Publications
News


Kimberly A. Ashby

Practice
Construction
Litigation
Education
J.D., University of Florida Levin College of Law, 1980; University of Florida Law Review, Executive Editor 1979-1980
B.A., University of Florida, 1978; Political Science, with high honors
Bar Admissions
Florida
 
 
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