Disciplined in Sophisticated Defense and Insurance Litigation

A Partner at Butler, Anthony J. Russo is a Board Certified Specialist in Appellate Practice.  He heads our appellate practice group where he focuses on liability defense, first and third party coverage issues, and insurer bad faith.   He emphasizes coordination with trial counsel, the carrier, and where appropriate, the policyholder, in order to promote the successful and efficient resolution of these appeals. Anthony is based in our Tampa office.

Anthony graduated from Stetson University College of Law, with honors, in 1985. There he served on the editorial board of the Stetson Law Review. Upon graduation, Anthony served as a judicial clerk at the Florida Second District Court of Appeal for two years. He then practiced law as a civil litigator for several years in St. Petersburg, Florida before joining Butler in 1992.

Anthony's clients have frequently requested his expertise in the preparation of amicus briefs submitted to the Florida Supreme Court and Florida's District Courts of Appeal. Anthony has mounted several successful challenges to overly-intrusive bad-faith discovery orders and premature bad-faith actions. A substantial part of Anthony's appellate experience has involved insurance coverage issues. Active consultation, regular reporting, and open communication are hallmarks of his approach.

Admissions

  • Florida

Recognitions

  • AV Peer Rating, Martindale-Hubbell
  • Board Certified in Appellate Practice

Education

  • Pennsylvania State University
  • Stetson University College of Law
    Doctor of Jurisprudence

Memberships

  • American Bar Association (ABA)
  • Defense Research Institute (DRI)
  • Hillsborough County Bar Association (HCBA)
  • The Florida Bar

Courts

  • Florida State Courts
  • United States Fourth and Eleventh Circuit Courts of Appeals
October 26, 2016 PUBLICATIONWhat's a Court to Consider After a Post-Suit Payment?

Most first-party insurance lawsuits are accompanied by a claim for attorneys' fees based on section 627.428, Florida Statutes. The operative language of this statute has been part of Florida law for over a century, and the cases interpreting that language are legion. On September 29, 2016 , the Florida Supreme Court issued its decision in Johnson v. Omega Insurance Co., which addressed the following issue...

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September 08, 2015 PUBLICATIONJudge John Badalamenti Joins the Second District

As a boy, Judge Badalamenti occasionally took the train from his home in Brooklyn to lunch with his mother, a bookkeeper working in the Southern District of New York courthouse.

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May 29, 2013 PUBLICATIONCertiorari Redefined: Would the "Functional Restatement" Function?

Some pretrial rulings can impose unbearable pressures on a litigant, change the course of a case, and cause lasting harm.  Sometimes, your client just cannot wait until the end of a case to appeal. Imagine that the trial court has just issued a non-final order adverse to your client that you think will likely be reversed on appeal.

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January 04, 2012 PUBLICATIONThe Stay of Judgments and Proceedings in Florida State Courts

This column is submitted on behalf of the Appellate Practice Section, Matthew J. Conigliaro, chair; Kristin A. Norse, editor, and Chris McAdams, Brandon Christian, and Bretton C. Albrecht, assistant editors.

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November 01, 2009 PUBLICATIONThe Likelihood of Success (or Failure) -- The Evaluation of Judgments for Appeal

This article was originally published in For The Defense magazine, November 2009.  © 2009  Reprinted with permission.

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Webinars

February 18, 2016 WEBINARSFlorida UM and Bad-Faith Litigation: Trial Court Options/Appellate Remedies

Florida UM and Bad-Faith Litigation: Trial Court Options/Appellate Remedies

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Blog Posts

November 22, 2016 BLOG POSTJohnson v. Omega Ins. Co.

The Florida Supreme Court’s opinion in Johnson v. Omega Ins. Co. is important for two reasons:  It modifies the allowable use of a presumption established in Florida’s statutory sinkhole scheme; and it explains, and perhaps broadens what trial courts may consider when deciding whether to award attorneys’ fees under section 627. 428 when a payment is made after suit is filed.

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August 01, 2016 BLOG POSTSecond DCA Reaffirms Sinkhole Insurers' Contractual Right to Withhold Payment for Subsurface Repairs Until the Policyholder Presents a Signed Contract for Those Repairs

Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the insurer to withhold payment for subsurface repairs until the policyholder presents a signed contract for those repairs, the insurer may abide the policy.

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July 25, 2016 BLOG POSTSecond DCA Reaffirms Orders Allowing Assignment of Homeowners' Insurance Claims to AOB Companies

In Start to Finish Restoration LLC v. Homeowner’s Choice Property & Cas. Ins. Co.,  2D15-2206 (Fla. 2d DCA June 10, 2016), the Second District doubled down on its holding  in Bioscience West, Inc. v. Gulfstream Property & Casualty Insurance Co., 185 So. 3d 638 (Fla. 2d DCA 2016).

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July 18, 2016 BLOG POSTSecond DCA Refuses to Allow Insurer to Obtain Settlement Information from Settling Co-Defendant

In Allen v. State Farm Florida Ins. Co., 2D15-3114 (Fla. 2d DCA June 10, 2016), a sinkhole plaintiff sued two insurers for the same damage, and then settled with one of them before trial.

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June 02, 2015 BLOG POSTThe Florida Supreme Court Endorses Citizens' Immunity

The high court declared that Citizens is shielded from statutory bad-faith suits, and that bad faith is not a “willful tort,” which is a statutory exception to the immunity granted by the Florida Legislature.  The vindication was a long time coming for Citizens.  The Legislature created Citizens with a broad immunity that seemed clearly intended to shield it from bad-faith actions...

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Key Points
Practice Area CASE TYPE
  • Appellate
  • Commercial Litigation
  • Coverage - First Party Property
  • Extracontractual Claims
  • Third Party Coverage Issues