Kimberly Kanoff Berman

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Marshall Dennehey
• Representative Cases & Transactions
  Cases

  Significant Representative Matters: Obtained an affirmance by the Sixth District Court of Appeal of a final judgment in a premises liability claim, stemming from a slip
  fall on Main Street in Disney's Magic Kingdom. The appeal attempted to conflate the burdens of proof on summary judgment. The court rejected the appellants' arguments
  affirmed the final judgment entered in favor of Disney without oral argument. Cote v. Walt Disney World Parks
  Resorts, Inc., 6D2023-4212 (Fla. 6th DCA November 10, 2025).
  Obtained summary judgment in a foodborne-illness wrongful death case. The plaintiff brought a wrongful death action against multiple parties, including the seafood supplier, asserting that the Decedent died after consuming raw oysters containing vibrio vulnificus. Our attorneys represented the supplier
  argued that there was no evidence the oysters were defective when they left the supplier's control. Their expert provided an affidavit outlining the applicable harvesting, processing,
  transportation st
  ards
  confirmed that the supplier met all relevant duties. Faced with this record, plaintiff's counsel ultimately conceded that the evidence did not support a claim against the supplier. The Court granted summary judgment in the supplier's favor. The case continues against the remaining defendants, who face multimillion-dollar dem
  s.
  Succeeded in obtaining a reversal of a nonfinal order granting leave to amend to an estate to assert a claim for punitive damages
  gross negligence against a dive captain, dive master,
  the corporate entity dive companies. Duff v. Racine, 2025 WL 1646730 (Fla. 4th DCA June 11, 2025).
  Succeeded in convincing the Fifth District Court of Appeal to quash an amended discovery order to compel a church to identify church members
  produce membership lists in a suit for exploitation, theft, conversion, declaratory relief,
  other causes of action brought by a church member against the church. The court agreed with the church's arguments that the trial court's order was deficient in that it failed to address the church's claims of associational privilege under the First Amendment
  that there was a disputed issue below as it related to the incorporation status of the church. St. Paul's Catholic Church v. Hilt, 5D23-0955 (Fla. 5th DCA Mar. 1, 2024).
  Obtained a per curiam affirmance in the Fifth District Court of Appeal of an order declaring the children dependent due to their father's drug use
  overdose in front of his children. 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. S.M. v. Dep't of Children & Families, 5D23-3142 (Fla. 5th DCA February 1, 2024).
  Obtained an affirmance by the Fifth District Court of Appeal for the firm's client in an appeal of a nonfinal order denying plaintiff's motion to disqualify counsel. Plaintiff's counsel moved to disqualify our firm
  defense counsel for their communications with a post-incident treating physician employee/agent of the client's owner during the course of a premises liability lawsuit. Our client argued there was no conflict of interest
  no violation of the patient-physician privilege to communicate with a post-incident treating physician, who was also an employee/agent of our client. The trial court agreed
  denied the motion,
  the Fifth District affirmed the denial of the nonfinal order on appeal
  granted our client's motion for appellate attorney's fees on a provisional basis. Figueroa v. OHRI, LLC, 5D22-1894 (Fla. 5th DCA Jan. 16, 2024).
  Obtained an affirmance by the Fourth District Court of Appeal of a venue order obtained by our client, a school board member. Plaintiff/Petitioner/Appellant, a convicted felon had run for a seat on a school board before his rights had been restored
  won the election but refused to be sworn in with the other newly elected board members. Since he failed to qualify
  refused to accept the seat within thirty days, the Governor issued an executive order that declared a vacancy
  appointed our client to the school board instead. The Plaintiff filed a writ of quo warranto
  a declaratory judgment action in Broward County urging the trial court to void the executive order
  order that the Plaintiff take
  hold the office of the school board immediately. The Governor
  our client moved to transfer the case to Leon County based on the home venue privilege. The trial court granted the motion,
  the Fourth District affirmed the nonfinal order on appeal. Velez v. DeSantis, 2023 WL 8636899 (Fla. 4th DCA Dec. 14, 2023).
  Obtained a per curiam affirmance by the Sixth District Court of Appeal of a motion for summary judgment entered in favor of a rental manager. In granting summary judgment, the trial court found that the rental manager, which did not own the premises, did not owe the Plaintiff a non-delegable duty
  had no duty to maintain the exterior of the premises pursuant to the owner agreement with the homeowner. The trial court also found that the guest failed to establish any genuine issue as to any material fact regarding an insufficiency or issue with the operation of the lighting of the porch on the property which would give rise to a breach of any possible duty. The Court also provisionally granted the rental manager attorney's fees upon the determination of the trial court at the conclusion of the case, pursuant to a proposal for settlement. Janice Dillard v. VHC Hospitality LLC d/b/a Vacation Home Collection, Luciana Pinto,
  Terra Resort Villa Homeowners Association Inc., No. 6D23-1256 (Fla. 6th DCA May 16, 2023).
  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,
  m
  ating the Association convene a membership meeting
  community-wide vote. The Association swiftly moved to dissolve the injunction, which the trial court granted, recognizing that it committed clear legal error
  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
  found there was a sufficient basis in law
  fact for the dissolution
  that allowing the injunction to st
  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
  instead wanted to wait 5 years until he was released from prison to establish paternity
  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
  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
  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
  abetting tortious interference with a contract,
  vicarious liability, against a law firm
  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
  fall case. The appellant argued that a restaurant/bar owner should have warned a patron about the bar stool being a dangerous condition
  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
  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,
  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
  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 st
  ing to sue. The case sat in limbo in the circuit court appellate division
  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
  for damages
  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
  then filing the notice of appeal within thirty days of that most recent order. The Fourth District dismissed the appeal
  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
  his broker, in an alleged negligence
  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
  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
  battery by an employee who was terminated for forgery of the victim's signature. The Second District rejected the plaintiff's arguments,
  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
  parking lot, in a negligent security action. A chef was taking garbage outside a restaurant, when he was shot
  killed. The Estate sued the owner of the building
  the parking lot as well as defendants involved in the development, design,
  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,
  cameras in the parking lot after the shooting. The First District rejected the Estate's argument,
  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
  three of its trauma/critical care physicians, where the Plaintiff's sole expert on liability
  causation was a retired internal medicine physician,
  the trial court found that the Plaintiff's expert lacked the requisite qualifications under Florida law to render opinions against the hospital
  its three specialist physicians. Pisano v. Orl
  o Health, Inc. d/b/a Orl
  o 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
  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
  indemnity
  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
  rem
  ed 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
  not a factual question,
  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
  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,
  suit until almost four years after the occurrence
  claim
  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).
  Published Works: 'The 'Sunshine' State: New Comparative Negligence Jury Instructions Following the Adoption of House Bill 837,' Daily Business Review, September 20, 2024
  'Where Are We Now? Punitive Damages Claims in Fla. 2 Years Post-Interlocutory Review Rule Change,' Daily Business Review, March 15, 2024
  'Transparency in Damages Now or Later: The Jury is Still Out,' CJLA Quarterly Digest, December 2023
  'Viewpoint: Florida High Court Tapped Brakes on Dangerous Instrumentality Liability,' Insurance Journal, December 26, 2023
  '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,' Orl
  o Medical News, April 7, 2021
  'Commentary: Florida Adoption of Federal Judgment St
  ard 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 P
  emic,' Florida Supreme Court Historical Society's Historical Review magazine, Spring/Summer 2020
  'Transitioning From In-Person to Remote Oral Arguments in Fla. Appellate Courts,' Daily Business Review, April 28, 2020
  '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
  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
• Additional Links
  https://marshalldennehey.com/attorneys/kimberly-kanoff-berman