Shareholder
Tel:
850.425.1626
Fax:
850.222.0103
Ranked as one of the "Top 250 Women in Litigation in the United States" by Benchmark Litigation (2012-2013), and one of the "Top 100 Lawyers in Florida" by Super Lawyers Magazine (2011, 2013), Katherine ("Kathi") Eastmoore Giddings is a Board Certified appellate lawyer. A former Florida Supreme Court law clerk, Kathi's appellate practice focuses on complex civil and administrative appeals. Her diverse appellate work ranges from cases involving a sanctions appeal arising out of an oil and gas venture in which claimed damages were $1.15 billion to whether the Department of Revenue's tax on commercial lease-hold improvements was appropriate. She is Past Chair of the Florida Rules of Judicial Administration Committee. The Rules of Judicial Administration govern administrative matters in all Florida appellate and trial courts. She is also past Chair of the Appellate Court Rules Committee, served as a steering committee member for the 2003, 2006, and 2009 editions of The Florida Bar's Florida Appellate Practice CLE Manual, and served a four-year term on the First District Court of Appeals Judicial Nominating Commission via appointment by the Governor.
In conjunction with her appellate practice, she also monitors litigation management issues nationally, has filed amicus curiae briefs on behalf of the insurance industry in twelve states, and provides national consulting services to her insurer clients on insurance issues, with special emphasis in the area of bad faith, staff counsel operations, and related issues involving the tripartite relationship among insurers, insureds, and defense attorneys.
In conjunction with her appellate practice, she also monitors litigation management issues nationally, has filed amicus curiae briefs on behalf of the insurance industry in twelve states, and provides national consulting services to her insurer clients on insurance issues, with special emphasis in the area of bad faith, staff counsel operations, and related issues involving the tripartite relationship among insurers, insureds, and defense attorneys.
 |
Weiss v. City of Gainesville, Florida, 2012 WL 933592 (11th Cir. Mar. 21, 2012)(whether district court properly concluded land developer failed to state an action for violations of property interests and contractual rights regarding annexation agreement)
|
|
|
Realauction.com, LLC v. Grant Street Group, Inc., 2011 WL 5170004 (Fla. 4th DCA Nov. 2, 2011) (reversal of jury verdict involving tortious interference with a business relationship and defamation verdict)
|
|
|
DHL Exp. (USA), Inc. v. State ex rel Grupp, 60 So. 3d 426 (Fla. 1st DCA 2011) (whether qui tam action was preempted under federal law so as to deprive Florida trial court of jurisdiction)
|
|
|
LaSalle Bank Nat. Ass'n v. Blackton, Inc., 59 So. 3d 329 (Fla. 5th DCA 2011) (whether a homeowner and contractor can be one and the same for purposes of Florida's Construction Lien Law)
|
|
|
Reese v. St. Luke's Hosp, 2010 WL 367804 (Fla. 1st DCA 2010) (whether Plaintiff's pre-suit corroborating affidavit was from a qualified medical expert)
|
|
|
Hendrix v. Evenflo Co., Inc., 609 F.3d 1183 (11th Cir. 2010) (whether district court properly excluded medical expert opinion based on differential etiology analysis)
|
|
|
Cooper v. Meridian Yachts, Ltd., 575 F.3d 1151 (11th Cir. 2009) (whether Dutch law governed litigation involving accident occurring on high seas)
|
|
|
Jane Doe v. Trinity Baptist Church of Jacksonville, Inc., 6 So. 3d 609 (Fla. 1st DCA 2009) (whether statute of limitations barred negligent hiring and retention claims)
|
|
|
In re Adv. Op. to Atty. Gen. re Additional Homestead Tax Exemption, 880 So. 2d 646 (Fla. 2004) (whether 2004 additional homestead exemption initiative should be removed from ballot)
|
|
|
Fla. Ass'n of Realtors, Inc. v. Smith, 825 So. 2d 532 (Fla. 1st DCA 2002) (whether proposed constitutional amendment on services tax belonged on ballot)
|
|
|
Washington County v. Northwest Fla. Water Management District, 2012 WL 879284 (Fla. 1st DCA Mar. 16, 2012) (whether agency must afford a formal administrative hearing to parties with substantially affected interests)
|
|
|
Sloban v. Fla. Dep't of Health, 982 So. 2d 26 (Fla. 1st DCA 2008) (whether license revocation statute was unconstitutional as unlawful delegation of legislative authority)
|
|
|
Rosenzweig v. Dep't of Transp., 979 So. 2d 1050 (Fla. 1st DCA 2008) (involving bike lanes in highway planning and whether bicyclists have standing to challenge Department of Transportation's bike lane determination)
|
|
|
Orthopaedic Medical Group of Tampa Bay v. Agency for Health Care Admin., 957 So. 2d 18 (Fla. 1st DCA 2007) (involving Medicaid audit challenge and attorney's fees against agency)
|
|
|
Aetna Health, Inc. v. 21st Century Oncology, Inc., 919 So. 2d 619 (Fla. 1st DCA 2006) (involving Agency for Health Care Administration's refusal to vacate final order to facilitate the parties' settlement)
|
|
|
Agency for Health Care Admin. v. Colonial Cut-Rate Drugs, Inc., 878 So. 2d 479 (Fla. 1st DCA 2004) (whether pharmacy Medicaid audit statute amendments were retrospective in application)
|
|
|
Verleni v. Dep't of Health, Bd. of Podiatric Medicine, 853 So. 2d 481 (Fla. 1st DCA 2003) (involving challenge to agency decision on license examination and award of attorney's fees against agency)
|
|
|
Premier Travel Inter., Inc. v. Dep't of Agriculture and Consumer Servs., 849 So. 2d 1132 (Fla. 1st DCA 2003) (involving stay of emergency suspension orders issued by state agency)
|
|
|
"Fla. Ass'n of Health Maintenance Organizations v. Dep't of Ins. , 771 So. 2d 1222 (Fla. 1st DCA 2000) (involving stay of immediate final order from Department of Insurance addressing amendments to Employee Health Care Access Act)
|
|
|
Filing amicus curiae briefs with courts and bar associations throughout the country regarding the propriety of insurance defense staff counsel and other insurance issues of national importance, including alleged bad faith, conflicts of interest, and the unauthorized practice of law.
|
|
|
Assisting insurers in properly structuring and naming staff counsel operations throughout the country.
|
|
|
Handling a wide range of other insurance issues, including: the tripartite relationship, extra-contractual exposure/bad faith, licensing, aftermarket parts, diminished value, PIP, UM/UIM, deductible refund practices, coverage disputes, Coblentz agreements, hurricane claims, agent/broker disputes, class certifications, and general appeals involving suits against insureds where defense is provided under a policy of insurance - See, e.g., Interstate Fire & Cas. Co. v. Abernathy, -- So. 3d --, 2012 WL 1883116 (Fla. 1st DCA May 24, 2012) (reversing trial court's decision and holding that certificate of insurance issued four days after a known accident did not extend coverage for liability for the known accident as a matter of public policy)
|
|
|
Dep't of Revenue v. Ruehl No. 925, LLC, 76 So. 3d 389 (Fla. 1st DCA 2011) (whether leasehold improvements are taxable as rent)
|
|
|
Golden West Financial Corp. v. Fla. Dep't of Revenue, 975 So. 2d 567 (Fla. 1st DCA 2008) (whether administrative rule governing separate return limitation year was an invalid exercise of delegated legislative authority)
|
|
|
Fla. Dep't of Revenue v. Winn-Dixie Stores, Inc., 884 So. 2d 110 (Fla. 5th DCA 2004) (whether Department of Revenue improperly imposed documentary stamp taxes on conditional leases containing unconditional promise to pay and shifting responsibility to the lessee)
|
|
|
Representing the National Association of Home Builders and the Florida Home Builders Association as amicus curiae in ILSFDA appeals of national and state importance.
|
|
|
Boynton Waterways Investment Associates, LLC v. Bezkorovainijs, --- So. 3d ---, 2011 WL 2694522 (Fla. 4th DCA Jul. 13, 2011) (condominium property description compliance)
|
|
|
Home Devco/Tivoli Isles LLC v. Silver, 26 So. 3d 718 (Fla. 4th DCA 2010) (two-year promise to build)
|
|
|
Pugliese v. Pukka Development, Inc., 550 F.3d 1299 (11th Cir. 2008) (disclosure requirements for partially exempt builders)
|
|
|
Mayersdorf v. Paramount Boynton, LLC, 910 So. 2d 887 (Fla. 4th DCA 2005) (disclosure requirements for partially exempt builders)
|
|
|
DiMaio v. Democratic Nat'l Comm., 555 F.3d 1343 (11th Cir. 2009) (constitutional challenge to party's decision regarding Florida's delegates
|
|
|
DiMaio v. Democratic Nat'l Comm., Fla. Democratic Party, 520 F.3d 1299 (11th Cir. 2008) (constitutional challenge to party's decision regarding Florida's delegates)
|
|
|
Representing major financial institutions in hundreds of appeals, including: complex foreclosure and post-foreclosure issues, posting of deposition testimony on You-Tube, voluntary dismissals as a matter of right where no affirmative relief has been obtained from court, writs of garnishment, indexing of recorded documents as prerequisite to priority of lien, availability of a private right of action under the Home Affordable Modification Program, liability of loan servicers under the Federal Fair Debt Collection Practices Act, Truth in Lending Act and Real Estate Settlement Procedures Act issues, claims of bankruptcy stay violations, and municipal board determinations.
|
|
|
Representing Florida Bar Rules Committees or clients before the Florida Supreme Court in more than a dozen rule amendment proceedings.
|
|
|
Board Certified in Appellate Law, The Florida Bar Board of Legal Specialization and Education
|
|
|
The Best Lawyers in America 2008-2013, Listed in Florida for Appellate Practice
|
|
|
Chambers USA 2010-2013, Ranked in Florida for Litigation: Appellate
|
|
|
Benchmark Litigation 2013: Listed as a Florida local litigation star for Appellate and General Commercial Litigation
|
|
|
Benchmark Appellate 2012-2013: Listed as a Florida Eleventh Circuit litigation star
|
|
|
Benchmark Litigation 2012-2013: Ranked as one of the Top 250 Women in Litigation in the United States
|
|
|
Super Lawyers Magazine 2006-2013, Listed in Florida for Appellate, Administrative Law, and Insurance Coverage
|
|
|
Super Lawyers Magazine 2006-2013, Listed in Florida as one of the "Top 50 Women Lawyers"
|
|
|
Super Lawyers Magazine 2011, 2013, Listed in Florida as one of the "Top 100 Lawyers"
|
|
|
Florida Trend's Legal Elite 2005-2012, Listed for Appellate Practice
|
|
|
Benchmark Litigation 2012, Ranked as one of seven finalists for Female Litigator of the Year, Southern Region
|
|
|
First District Court of Appeal Judicial Nominating Commission, Appointed by Governor Crist to a four-year term, 2008
|
|
|
Martindale-Hubbell, AV Rated
|
|
|
Order of the Coif
|
|
|
Florida Bar Appellate Practice Section's Certification Review Course, Administrative Appeals, 2009-2013
|
|
|
Association of Corporate Counsel Staff Counsel Committee Roundtable, Speaker, 2009, 2012, 2013
|
|
|
Claims & Litigation Management Alliance (CLM) Annual Conference, Speaker, "Staff Counsel: Benefits, Challenges, and Ethics," April, 2013
|
|
|
Jacksonville Area Legal Aid, Speaker, "Appellate Practice for Legal Services Trial Attorneys: Strategies, Perfecting the Record, Oral Argument," April 2013
|
|
|
Florida Bar Appellate Practice Section's Practice Before the First District Court of Appeal, Faculty, Panel Moderator, and Speaker on Administrative Appeals, March 2012
|
|
|
Florida Bar Appellate Practice Section CLE, Stays of Orders Pending Appeal, February 2009
|
|
|
ABA Tort, Trial & Insurance Practice Section, Ethics Guidance For Insurance Defense Attorneys , August 2009
|
|
|
A View From the Bench, Anticipating and Perfecting The Appeal, November 2008
|
|
|
Florida Bar Appellate Practice Section CLE, Emergency Stays in Appeals, March 2008
|
|
|
ABA Tort, Trial & Insurance Practice Section, Ethical Issues in Insurance Defense Representation, September 2006
|
|
|
ABA Tort, Trial & Insurance Practice Section, Informed Consent , May 2006
|
|
|
Insurance Litigation Seminar: Tools for Conquering New Frontiers & Familiar Foes, Managing Legal Representation June 2005
|
|
|
ABA Tort, Trial & Insurance Practice Section Staff Counsel Seminar, Ethics Issues, April 2005
|
|
|
Routinely provides in-house presentations for clients on various insurance topics
|
|
|
The Record, Journal of the Appellate Practice Section of the Florida Bar, Vol. XIII, No.2, Co-Author, "Preservation of the Record in Administrative Proceedings"
|
|
|
25 Florida State University Law Review, 25, Co-Author, "Florida's Privacy Provision in the Age of Technology"
|
|
|
Risk Management Memo, Vol. 13, No. 4, (a publication of the Professional Liability Division of Great American Insurance Group), Author, "Informed Consent Under the ABA 2004 Model Rules"
|
|
|
Florida Bar Appellate Practice CLE Manual, Steering Committee Member, 2003, 2006, and 2009
|
|
|
28 Florida State University Law Review, 4, Co-Author, "Insurance Defense in the Twenty-First Century: The Florida Bar's Proposed Statement of Insured Client's Rights: A Unique Approach to the Tripartite Relationship"
|
|
|
81 Florida Bar Journal, No. 9, 36, Co-Author, "Appeals of State Agency Immediate Final Orders and Emergency Suspension Orders"
|
|
|
Florida Bar Administrative Law Section, Vol. 30, No. 3, Co-Author, "Florida Supreme Court Eliminates Automatic Stay Pending Review For Governmental Entities In APA Proceedings"
|
|
|
73 Journal of Tax, 296, Co-Author, "Supreme Court Distinguishes Remedy and Retroactivity Issues Affecting State Taxes"
|
|
|
19 Florida State University Law Review, 265, Co-Author, "Partisan Gerrymandering: A New Concern for Florida's 1992 Reapportionment"
|
|
|
The Florida Bar:
Rules of Judicial Administration Committee, Past Member and Chair Appellate Practice Section, Member Administrative Law Section, Member CLE Committee on Insurance Staff Counsel Rules of Professional Conduct, Past Member and Chair Drafting Subcommittee for Florida's Statement of Insured Client's Rights, Past Member Appellate Court Rules Committee, Past Member and Chair |
|
|
American Bar Association:
Litigation Insurance Coverage, Member Torts & Insurance Practice Committee, Member Staff Counsel Committee, Member |
|
|
Eleventh Circuit Historical Society, Board of Trustees 2013-2016
|
|
|
Tallahassee Women Lawyers, Past Secretary; Past Employment Chair
|
|
|
Tallahassee Bar Association, Member
|
|
|
Florida Association for Women Lawyers, Member
|
|
|
First District Court of Appeal Appellate Inn of Court, Founding Executive Committee Member; Treasurer 2008-Present
|
|
|
Claims and Litigation Management Alliance (CLM), Member
|
|
|
Florida Supreme Court, Justice Ben F. Overton, Career Staff Attorney, Florida
|
News
J.D., Florida State University College of Law, 1992; with high honors (5th in class), Florida State University Law Review, Executive Writing Editor
B.S., Florida State University, 1989; cum laude
Florida
Home
|
Contact Us
|
Terms & Privacy Policy
|
Disclaimer
|
©2013 Akerman Senterfitt, Akerman Senterfitt LLP. Attorney Advertising.
©2013 Akerman Senterfitt, Akerman Senterfitt LLP. Attorney Advertising.