Kynes, Markman & Felman, P.A.

Great night cheering on the Tampa Bay Sun FC with the Florida Justice Association Women’s Caucus for the win against Lexington! Thanks to all who came out and to Karina Perez Ilic of Vanguard Attorneys, LLC for cohosting the event with Kynes, Markman & Felman, P.A.

📝 Last week, KMF attorneys pulled double duty for statewide CLEs with the Appellate Practice Section of the Florida Bar. First, Brandon Breslow participated in "Navigating Your First Appeal: Part 2." This online program—focusing on motion practice and oral arguments—featured a lineup of experienced appellate practitioners. Brandon previously lectured during Part 1 of the series, where he spoke on brief writing with fellow Tampa appellate attorney Tom Seider. Then, Brandon and Kristin Norse traveled to Orlando to speak on the oral arguments panel at "Beyond the Bar with the Sixth DCA." The program explored effective techniques, common mistakes, and practical advice for younger and seasoned attorneys. Kristin is a Past Chair of the Section, and Brandon serves on the Section's Executive Council.

KMF attorney Kristin Norse was recently published in the Florida Justice Association's Journal. Her article -- "Harnessing Appellate Tips for Effective Motion Practice" -- gives practice pointers for argument drafting and presentation at the trial level. Kristin serves as Chair of the FJA Appellate Practice Section and is a frequent presenter for the organization's CLE programs.

While important elements of Florida’s summary judgment rule changed in 2021 (with further procedural changes taking effect this year), the fundamentals remain largely the same. The party advancing the motion does not need to prove a negative but still bears the burden of showing--with all facts and inferences viewed in favor of the nonmovant--that there are no material fact disputes. Where testimony conflicts, the jury decides. The Second District reaffirmed these principles in Baxter v. Morelli, Case No. 2D2023-1609 (Fla. 2d DCA Feb. 12, 2025). It also corrected a misapprehension about Florida’s rear-end presumption. The presumption that would attribute all of the fault for a crash to the rear driver is overcome when there is evidence from which a reasonable jury could conclude the front driver was also negligent. Congratulations to John Butler and Chris Boyd, the trial lawyers who marshalled the evidence, and to the KMF appellate team who secured the reversal of summary judgment.

In the waning days of the Biden administration, attorney Katherine Yanes was notified by the White House and the Office of the Pardon Attorney that the President granted clemency to two of her clients. Over the course of a decade - since her work with Clemency Project 2014 - Katherine has successfully advocated for 50 sentencing commutations. All of them were in non-violent cases where the client was sentenced to serve decades (or life) in prison but would have received a significantly lesser sentence today due to changes in the law or DOJ policies. The firm is exceptionally proud of Katherine's tireless commitment to equal justice.

Lovely dinner with members of the Women’s Caucus of the Florida Justice Association hosted by Caroline Moody and Lauren Pozna. These are some killer litigators!

On January 30, KMF attorney Brandon Breslow co-presented a brief writing tutorial for the Appellate Practice Section of the Florida Bar's Navigating Your First Appeal webinar series. The program walks attorneys through the basic elements of appellate practice and offers strategies for advanced advocacy. Brandon is slated to moderate Part II of the program on April 2, which will focus on oral argument and motion practice. In 2023, Brandon was appointed to serve a three-year term as an attorney representative on the Executive Council for The Florida Bar Appellate Practice Section. In that role, he has chaired the Section's Outreach and Fellows committees.

The Florida Bar Appellate Practice Section is delighted to invite you to its upcoming program: NAVIGATING YOUR FIRST APPEAL: PART I 🎉 Master Your First Appeal! Are you new to appellate practice? Don’t miss this 1.5-hour CLE webinar designed to set you up for success in your first appeal! 🗓️ When: Thursday, January 30th ⏰ Time: 1:00 – 2:30 PM 📍 Where: Online 💡 What You’ll Learn: How to initiate and file an appeal; tips for assembling the record and appendices; and essentials of effective brief writing This session combines practical guidance with a hands-on tutorial approach, making it perfect for lawyers looking to build a strong foundation in appellate practice. 🔗 Register today: https://lnkd.in/eUySwu9z 📜 CLE Credits: 1.5 General CLE credits // 1.5 Appellate Board Cert.

A rewarding part of my appellate practice is taking pro bono matters and court appointments. But that case-by-case representation pales in comparison to the tireless efforts of Florida's community legal services attorneys. At the end of last year, my law partner Kristin and I had the opportunity to virtually present to those attorneys everything about the appeals process we could fit into 90 minutes — soup to nuts. Thank you to the Florida Legal Services, Inc. Statewide Training Initiative for the invitation and platform. Every lawyer and law student who sees this post should commit to taking at least one pro bono case in 2025. If you need help getting started, reach out directly.

Happy New Year to our clients and colleagues—past, present, and future. We wish you success, joy, and fresh opportunities in 2025.