Kimberly K. Berman

Practice Areas

Appellate Advocacy & Post-Trial Practice, Insurance Coverage & Bad Faith

Career

Board certified in Appellate Practice by The Florida Bar, Kimberly is the firm’s lead Florida appellate attorney, serving as a critical resource for the firm's clients and attorneys in Florida who rely on her to handle their most significant pre-trial motions, post-trial motions, and appeals. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of practice areas, including cases involving medical malpractice, legal malpractice, construction defect, condominium and homeowner association disputes, insurance coverage, bad faith, maritime, aviation and premises liability actions. She has defended clients faced with claims for punitive damages and provided litigation support on countless cases, prevailing on critical motions in limine and crafting special jury instructions that are essential to a favorable outcome.

Kimberly handles all aspects of an appeal, from brief writing to motion practice, to presenting oral arguments. Kimberly has handled appeals in the Florida Supreme Court and all six intermediate appellate courts, handling over 150 appellate matters. Some appeals have resulted in significant decisions like Lecorps v. Star Lakes Association, Inc., 346 So. 3d 1222 (Fla. 3d DCA 2022) and Duff v. Racine, 414 So. 3d 231 (Fla. 4th DCA 2025), where following a reversal Kimberly then served as second chair in trial and achieved a defense verdict. Kimberly’s colleagues rely on her to address thorny legal problems and strategize how to effectively represent clients. She utilizes her experience as a former appellate law clerk and law professor to creatively work up a case, with the goal of helping clients increase their chances of prevailing at trial, and ultimately on appeal. Her very first oral argument in Steiner Transocean Limited v. Efremova, 109 So. 3d 871 (Fla. 3d DCA 2013), has been presented across Florida in an ethics CLE teaching lawyers how to handle ethical challenges during oral argument.

Professional Memberships

• Florida Supreme Court Historical Society, Treasurer and Communications Committee Chair

• Florida Third District Court of Appeal Historical Society, Past President and Member

• Florida Bar, Appellate Practice Section, Executive Council Member, History Committee Chair, Past Chair of Pro Bono and Programs Committees; Past Vice Chair of CLE and Legislative Committees

Publications

"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," 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," 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 and Judicial Career,” Florida Supreme Court Historical Society Historical Review Magazine, Summer/Fall 2019

Expert in these Jurisdictions

• Florida, 2005

• U.S. District Court Southern District of Florida, 2006

• U.S. District Court Middle District of Florida, 2011

• U.S. Court of Appeals, 11th Circuit, 2011

• U.S. District Court Northern District of Florida, 2013

• U.S. Court of Appeals, 3rd Circuit, 2019

Education

Awards