Kimberly Kanoff Berman
Areas of Practice
Kimberly is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department and is board certified in Appellate Practice by the Florida Bar. 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. From 2015-2020, Kimberly was recognized as a Super Lawyers Rising Star, a designation given each year to only 2.5 percent of lawyers in the state of Florida. She has also been recognized as a Top Lawyer for Appellate Law by the South Florida Legal Guide.
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. She also serves as Pro Bono Committee Chair and Executive Council of the Florida Bar Appellate Practice Section and previously as vice chair of the Legislative Committee and chair of the Programs 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.
Obtained an affirmance by the Third District Court of Appeal of a nonfinal order dissolving a temporary injunction initially entered against a multi-condominium association following the erroneous entry of a temporary injunction. Three unit owners contended the Association improperly passed a special assessment to be used toward reconstruction of one of the buildings following a fire. The unit owners obtained a preliminary injunction invalidating the special assessment, halting construction, and mandating the Association convene a membership meeting and community-wide vote. The Association swiftly moved to dissolve the injunction, which the trial court granted, recognizing that it committed clear legal error and a misapprehension of the facts when it entered the injunction. In affirming the order below, Judge Miller commended the trial judge for acknowledging its error and found there was a sufficient basis in law and fact for the dissolution and that allowing the injunction to stand would have been incompatible with equity principles. The Court also granted the Association entitlement to a conditional award of appellate attorney’s fees should it prevail below. Lecorps v. Star Lakes Association, Inc., No. 3D21-2195 (Fla. 3d DCA May 25, 2022).
Obtained an affirmance by the First District Court of Appeal of a termination of parental rights judgment entered against a father who refused to acknowledge he was the father and instead wanted to wait 5 years until he was released from prison to establish paternity and have a relationship with the child. Kimberly served as pro bono counsel for the statewide Guardian ad Litem program to represent the interests of the child as part of the Defending Best Interests Project. In affirming the order below, Judge Tanenbaum gave an in-depth analysis for the least restrictive means prong in TPR cases. P.B., Natural Father of J.C.T., Minor Child v. Fla. Dep’t of Children & Families & Guardian ad Litem for J.C.T., No. 1D21-3420 (Fla. 1st DCA March 29, 2022).
Obtained an affirmance by the Fifth District Court of Appeal of a final summary judgment in a premises liability action arising from a slip and fall in the bathroom of a renter’s own residential unit. The trial court ruled that there were no genuine issues of material fact as to actual or constructive notice concerning the transitory foreign substance found or negligent maintenance of the bathroom. The Fifth District agreed and affirmed. Foreman v. Grep Southeast, LLC & Sabal Club Holdings, LLC, LLC , No. 5D21-1724 (Fla. 5th DCA March 22, 2022).
Obtained an affirmance in the Fourth District Court of Appeal of a final dismissal order of third party claims for tortious interference with an advantageous business relationship, civil conspiracy to commit tortious interference with a contract, aiding and abetting tortious interference with a contract, and vicarious liability, against a law firm and its lawyers who filed the underlying lawsuit against the appellant. Jallali v. Zhou, 4D20-5 (Fla. 4th DCA April 22, 2021).
Obtained an affirmance of a final summary judgment by the First District Court of Appeal in a slip and fall case. The appellant argued that a restaurant/bar owner should have warned a patron about the bar stool being a dangerous condition and of the slippery dance floor, but presented no evidence that the owner was in a superior condition than the appellant. The Court rejected the appellant’s arguments and affirmed the final judgment in favor of the owner. Aljuni v. Blackfinn Jax, LLC, No. 1D20-946 (Fla. 1st DCA April 20, 2021).
Succeeded in obtaining an affirmance in the Fifth District Court of Appeal of a final dismissal order of a wrongful death products liability action. The Estate had filed the lawsuit two years after the statute of limitations expired, and claimed the limitations period was tolled due to the alleged adverse interest of the child’s mother who had been abused by the deceased prior to the accident on an agricultural production site. The trial court dismissed the case with prejudice after giving the Estate five attempts to amend. The Fifth District affirmed the dismissal and dispensed with oral argument that same day. Rude v. Morbark, Inc., Case No. 5D20-976 (Fla. 5th DCA April 20, 2021).
Succeeded in obtaining an affirmance by the Fourth District Court of Appeal of a final judgment entered in favor of an insurance carrier in a case involving an alleged assignment of benefits for a water loss. The county court granted final summary judgment in favor of the insurer, finding the plaintiff lacked standing to sue. The case sat in limbo in the circuit court appellate division and then was transferred to the Fourth District Court of Appeal after the jurisdictional changes took place. Four months later, the Fourth District issued a written opinion citing to one of the cases that the insurance carrier relied on in its Answer Brief. Empire v. United Property & Casualty Company, No. 4D21-65 (Fla. 4th DCA April 14, 2021).
Obtained a dismissal by the Fourth District Court of Appeal of an appeal of an order denying emergency relief in our client’s action to foreclose a claim of lien and for damages and breach of contract against a former unit owner. The appellant attempted to revive an untimely appeal of a prior order by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of that most recent order. The Fourth District dismissed the appeal and granted the association its motion for entitlement to appellate attorney’s fees. Sawyers v. Lakeside Manor North Association, No. 4D21-225 (Fla. 4th DCA April 7, 2021).
Obtained an affirmance by the Fourth District Court of Appeal of the dismissal with prejudice of a listing real estate agent and his broker, in an alleged negligence and fraud case. The Fourth District rejected the plaintiffs’ arguments that the trial court abused its discretion in dismissing their pleadings due to their attorney’s conduct and detailed how the plaintiff’s attorney dropped the ball in litigating the case, in a separate opinion reversing the plaintiffs’ attorney’s contempt conviction. Arnoul v. Perlstein, No. 4D20-67 (Fla. 4th DCA Feb. 3, 2021).
Obtained an affirmance by the Second District Court of Appeal of a directed verdict entered at trial in an action to hold a welfare agency vicariously liable for an alleged assault and battery by an employee who was terminated for forgery of the victim’s signature. The Second District rejected the plaintiff’s arguments, and affirmed the final judgment in favor of the defendant. Fields v. The Devereux Foundation, Inc., No. 2D19-2947 (Fla. 2d DCA Jan. 6, 2021).
Obtained an affirmance by the First District Court of Appeal of a defense verdict obtained for client, an owner of a commercial retail center and parking lot, in a negligent security action. A chef was taking garbage outside a restaurant, when he was shot and killed. The Estate sued the owner of the building and the parking lot as well as defendants involved in the development, design, and maintenance of the retail center. The jury returned a defense verdict in favor of all defendants. The Estate appealed, arguing that the trial court abused its discretion in excluding subsequent remedial measure evidence of the installation of lighting, signs, and cameras in the parking lot after the shooting. The First District rejected the Estate’s argument, and affirmed the final judgments in favor of the defendants. Rowe v. Rowin, No. 1D19-2637 (Fla. 1st DCA Nov. 25, 2020).
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).
"A Not-So-Little Problem With Precedent: Intra-District Conflict in Florida District Courts of Appeal," Florida Bar Journal, December 15, 2022
"Punitive Damage Amendments Soon Subject to Immediate Interlocutory Appeal," Daily Business Review, February 9, 2022
"Decision Creates Potential for Legal Malpractice Actions Against Retained Defense Attorneys," Daily Business Review, July 30, 2021
"How I Made Partner: I Opened the Door to Partnership by Becoming an Appellate Specialist, Says Kimberly Berman of Marshall Dennehey," Law.com, May 4, 2021
"Senate Bill 72 May Be Effective "Vaccine" Against COVID-19-Related Claims," Orlando Medical News, April 7, 2021
"Commentary: Florida Adoption of Federal Judgment Standard a Win For Insurers," Insurance Journal, January 6, 2021
"Florida Courts Clarify Role of Appraisal in Coverage Claims Disputes", Insurance Journal, December 10, 2020
"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
"Appellate Pro Bono Attorneys Step Up to Defend Children," The Florida Bar News, February 16, 2023
Insurer Malpractice Claims Against Defense Counsel: Recognizing, Defending, and Preventing Potential Claims - Common Errors and Strategies for Avoiding Them, Panelist, Strafford CLE Webinar, January 24, 2023
Brief Writing for the Third DCA, Moderator, Florida Bar's Appellate Practice Section's Practicing Before the Florida Third District Court of Appeal 2022 CLE Seminar, Miami, FL, October 28, 2022
Preventing Defective Jury Instructions In Personal Injury Trials: Leveraging Errors on Appeal - Part III Common Objections, Panelist, Strafford CLE Webinar, September 7, 2022
UNprecedented, Summarily: A Podcast for Busy Lawyers, June 23, 2022
Punitive Damages and Interlocutory Appeals, Panelist, Miami-Dade Bar Miami Law Con, April 22, 2022
Everything Old is New Again Series - A Conversation with the Judiciary: Challenges and Opportunities in the Changing Landscape of Appellate Practice, Co-Host/Moderator, Florida Bar Winter Meeting Virtual CLE, Guardian ad Litem Program and Florida Bar Appellate Practice Section, January 26, 2022
56 Feds are Coming: Strategies Using the Upcoming Florida Summary Judgment Standard, Marshall Dennehey Client Webinar, January 15, 2021
The Great Font Debate, Issues on Appeal Podcast, January 2021
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)
Florida Guardian Ad Litem Office, Defending Best Interests (DBI) program
Board Certified, Appellate Practice, The Florida Bar
Florida Guardian Ad Litem Office, Defending Best Interests (DBI) program