Kimberly Kanoff Berman
Areas of Practice
Kimberly is part of the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of subject matters in cases involving medical malpractice, construction defect, insurance coverage, bad faith, maritime, aviation, and premises liability. Kimberly handles the brief writing, motion practice, and oral arguments. In addition to her extensive appellate practice, Kimberly provides litigation support in insurance coverage, construction defect, premises liability, professional malpractice, and bad faith cases.
Kimberly has an AV Preeminent rating by Martindale-Hubbell, the highest rating for professional competence. Since 2015, Kimberly has been recognized as a Super Lawyers Rising Star, a designation given each year to only 2.5 percent of lawyers in the State of Florida.
Kimberly is actively involved in bar association and related legal societies. She has been appointed to the Board of Trustees for the Florida Supreme Court Historical Society and serves on the Florida Bar Appellate Practice Section's Executive Council and as vice chair of the Legislative Committee. She is a member of the Florida Bar, the Broward County Bar Association, the Dade County Bar Association, the Defense Research Institute, the Florida Defense Lawyers' Association, the Third District Court of Appeal Historical Society, and the Rosemary Barkett American Appellate Inn of Court. She has served as the President of the Third District Court of Appeal Historical Society and as co-chair of the Dade County Bar Association's Appellate Practice Section.
She has spoken on appellate and litigation support topics and written multiple articles on important issues impacting appellate and trial lawyers. Kimberly has also served as adjunct faculty at three law schools: Nova Southeastern Shepard Broad College of Law in Davie, Florida; Ave Maria School of Law in Naples, Florida; and St. Thomas University School of Law in Miami Gardens, Florida.
Prior to joining the firm, Kimberly was the head of the appellate division at a local defense firm. Before entering private practice, Kimberly served as a Career Research Attorney for the Honorable David M. Gersten of the Third District Court of Appeal in Miami, Florida. She also interned at the Third District and at the Florida Supreme Court in Tallahassee, Florida, while in law school.
Kimberly graduated from the University of Florida, Gainesville, with a Bachelor of Science in Public Relations with high honors. She subsequently attended the University of Miami School of Law in Coral Gables, Florida, where she obtained her juris doctor.
The Fifth District Court of Appeal affirmed the final judgment entered in favor of a hospital and three of its trauma/critical care physicians, where the Plaintiff’s sole expert on liability and causation was a retired internal medicine physician, and the trial court found that the Plaintiff’s expert lacked the requisite qualifications under Florida law to render opinions against the hospital and its three specialist physicians. Pisano v. Orlando Health, Inc. d/b/a Orlando Regional Medical Center, 5D19-524 (Fla. 5th DCA 2019).
The First District Court of Appeal affirmed final judgment entered in favor of the Association in a dispute over the use of a condominium unit as a full-service restaurant. Fehrman v. Gateway Commons II Condominium Association, Inc., 1D17-4555 (Fla. 1st DCA 2018).
The Fifth District Court of Appeal affirmed final summary judgment entered in favor of the insurer in a claim for post-arbitration interest and bad faith, stemming from an underlying uninsured motorist claim. Huffman v. Commerce West Ins. Co., No. 5D16-4692 (Fla. 5th DCA 2018).
The Fourth District Court of Appeal affirmed the trial court's finding of defense and indemnity and an award of attorney's fees to a contractor. Blok Builders, LLC v. Katryniok, No. 4D16-1811 (Fla. 4th DCA 2018).
The Third District Court of Appeal reversed and remanded an adverse final judgment entered against the insurer in an uninsured motorist case. The Court found that the insurer was either entitled to a summary judgment or a directed verdict because coverage was a legal and not a factual question, and the insurer was entitled to judgment as a matter of law. Zurich American Insurance Company v. Cernogorsky, No. 3D16-689 (Fla. 3d DCA 2017).
The Southern District Court of Florida, acting in its appellate capacity, affirmed a bankruptcy court's order denying a motion to reopen the case for action effecting discharge of debtor. Verdecia v. Valentine, No. 17-CV-60723-WPD (S.D. Fla. 2017).
The Third District Court of Appeal affirmed the trial court's denial of a non-final order granting the defendants' motion to transfer venue based on forum nonconveniens in an aviation case. Theobald v. Piper Aircraft, Inc., No. 3D16-1504 (Fla. 3d DCA 2016).
The Fourth District Court of Appeal reversed in part an adverse final judgment entered in favor of an insurance agent, finding that the contract between the agent and the agency was divisible so that the statute of limitations for each commission began to run when a comission was received by the agency. Access Ins. Planners, Inc. v. Gee, No. 4D14-1883, 4D14-2706 (Fla. 4th DCA 2015).
The Fourth District Court of Appeal affirmed the entry of summary judgment in favor of a shopping center owner who was sued after a motorcycle patron was injured in an accident on the roadway outside of the shopping center. Ball v. Black, No. 4D14-276 (Fla. 4th DCA 2015).
The Second District Court of Appeal denied the plaintiff's petition for certiorari challenging the trial court's discovery order on attorney-client privilege issues in a bad faith case. Mabie v. Universal Underwriters Ins. Co., No. 2D14-847 (Fla. 2d DCA 2014).
The Eleventh Circuit Court of Appeals affirmed a final summary judgment entered in favor of an excess carrier, finding that its insured breached the policy by failing to notify the excess insurer of the occurrence, claim, and suit until almost four years after the occurrence and claim and several months after final judgment was entered against the insured. American Guarantee & Liability Insurance Co. v. Simon Roofting & Sheet Metal Corp., No. 13-11685 (11th Cir. 2014).
The Third District Court of Appeal affirmed the trial court's entry of post-trial directed verdict in favor of a cruise line in a slip in fall case, where the plaintiff failed to prove negligence. Deutsch v. Celebrity Cruises, Inc., No. 3D12-1710 (Fla. 3d DCA 2013).
The Third District Court of Appeal affirmed a final summary judgment entered in favor of a spa servicer on a cruise ship. The trial court found that the spa did not have a legal duty to the cruise patron to provide CPR or defibrillation after a patron collapsed while exercising on a treadmill in the cruise ship's gym. Amaran v. Royal Carribean Cruises, Ltd., (Fla. 3d DCA 2013).
The Third District Court of Appeal reversed the trial court's order denying the spa operator's motion to dimiss based on a contractual forum selection clause. Steiner Transocean Limited v. Efremova, No. 3D12-2390 (Fla. 3d DCA 2013).
"Florida Supreme Court Hosts Historic Remote Oral Arguments During the COVID-19 Pandemic,” Florida Supreme Court Historical Society’s Historical Review magazine, Spring/Summer 2020
"Transitioning From In-Person to Remote Oral Arguments in Fla. Appellate Courts," April 28, 2020, Daily Business Review
“Justice Alan Lawson’s Commitment to Service Runs Deep,” Florida Supreme Court Historical Society Historical Review Magazine, Fall/Winter 2019
“Justice R. Fred Lewis Returns to Miami for a Celebration of His Legal and Judicial Career,” Florida Supreme Court Historical Society Historical Review Magazine, Summer/Fall 2019
"Drafting Jury Instructions That Win Appeals," Certworthy, the newsletter of the DRI's Appellate Advocacy Committee, Issue 1, June 29, 2018
"A Cure for 'Acute Motion Sickness': A Practitioner's Guide to Motion Practice in Florida's Appellate Courts," FIU Law Review, Vol. 12, Number 2, Spring 2017
"Is That Claim Covered?," Claims Magazine, January 2017
"How to Confuse Your Read Effectively," For the Defense, DRI:The Voice of the Defense Bar, December 2012
"The Butler Tetralogy: The Tipsy Coachman Doctrine Revisited," 85 Fla. B.J. 7, July/August 2011
"Common Mistakes Students Make at Oral Argument," The Gavel, Ave Maria School of Law Moot Court Newsletter, Vol. 5, Issue 2, Fall 2011
"Upstairs at the Third DCA: The Specific Duties of an Appellate Law Clerk, Part II," The Bulletin, Dade County Bar Assocation, June 2011
"Upstairs at the Third DCA: The General Duties of an Appellate Law Clerk, Part I," The Bulletin, Dade County Bar Association, January 2011
"A Day in the Life of a Third DCA Law Clerk: The Arms of An Appellate Judge," The Record, Journal of the Appellate Practice Section of the Florida Bar, Vol. XVIII, No. 1, Fall 2010
Hidden Essentials of Appellate Law, Co-Chair, Florida Bar Appellate Practice Section, West Palm Beach, FL, February 2019
Understanding Hearsay and Keeping Evidence Out (Pre and Post Trial), The Rules of Evidence: A Practical Toolkit, National Business Institute, Fort Lauderdale 2017
Adjunct Faculty, Nova Southeastern Shepard Broad College of Law, Davie, FL (2014-2015)
Adjunct Faculty, Ave Maria School of Law, Naples, FL (2009-2013)
Adjunct Faculty/Mock Trial Team Coach, St. Thomas University School of Law, Miami Gardens, FL (2008-2011)