Disciplined in Sophisticated Defense and Insurance Litigation

A partner at Butler, Carol is a Board Certified Specialist in Appellate Practice by The Florida Bar.  She focuses her practice on handling complex civil appeals in federal and state courts in Florida and throughout the U.S.

Carol has practiced with Butler since 1998. She is a member of the Florida Bar and is admitted to practice in all state courts in Florida as well as the United States District Courts for the Southern, Middle, and Northern Districts of Florida and the United States Court of Appeals for the Eleventh Circuit, Eighth Circuit, and the Second Circuit. She is a member of the American Bar Association, the Hillsborough Bar Association, and the Claims and Litigation Management Alliance. 

Carol has authored articles on a variety of topics in multiple publications. She also lectures and participates in educational seminars on issues impacting insurance professionals.

Carol is a graduate of the University of South Florida and Stetson University College of Law. At Stetson, she served as a federal judicial intern to the Honorable Elizabeth Kovachevich, Chief Judge of the Middle District of Florida. Prior to joining Butler, Carol was a Staff Attorney to the judiciary of the Ninth Judicial Circuit for Orange and Osceola Counties, Florida.

Admissions

  • Florida

Recognitions

  • Board Certified in Appellate Practice

Education

  • University of South Florida
    Bachelor of Arts
  • Stetson University
    Doctor of Jurisprudence

Memberships

  • American Bar Association (ABA)
  • Claims and Litigation Management Alliance (CLM)
  • Defense Research Institute (DRI)
  • Florida Defense Lawyers Association (FDLA)
  • Hillsborough County Bar Association (HCBA)

Courts

  • Florida Courts (Northern, Middle and Southern Districts)
  • Florida State Courts
  • United States Eighth Circuit Court of Appeals
  • United States Eleventh Circuit Court of Appeals
  • United States Second Circuit Court of Appeals

Hegel v. First Liberty Ins. Corp., 778 F.3d 1214, 1222 (11th Cir. 2015) (reversing summary judgment to policyholders based on improper definition of "structural damage" in claim for damages caused by sinkhole)

U.S. Fire Ins. Co. v. ADT Security Services, Inc., 134 So. 3d 477, 480 (2d DCA 2013) (reversing judgment on the pleadings granted to ADT in subrogation case where tort claim was independent of contract between the parties)

International House of Pancakes v. Robinson, 124 So. 3d 1004, 1007 (4th DCA 2013) (reversing order compelling production of IHOP's "work product")

Kim v. Hoseney, 545 Fed.Appx. 521, 522 (7th Cir. Ill. 2013) (ruling under Illinois law, expert witness was entitled to absolute immunity from liability for statements he made in patent infringement actions)

Chubb v. U.T. Investments, LLC, 113 So. 3d 1017, 1019 (5th DCA 2013) (reversing final judgment in favor of policyholder where unrebutted evidence established no additional payments were owed by insurer)

United Fire & Casualty Co. v. Whirlpool, 704 F.3d 1338, 1342-43 (11th Cir. 2013) (reversing district court's exclusion of experts ' testimony under Daubert)

Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132, 1135 (2d DCA 2012) (en banc)(ruling that proposal for settlement was not an invalid joint proposal)

Sunbelt Environmental, Inc. v. Gulf Coast Truck & Equipment Co., Inc., 82 So. 3d 1196, 1200 (1st DCA 2012) (reversing summary judgment granted to manufacturer and installer of tarping device on trucking company's claims for strict products liability, breach of warranty and contribution towards a personal injury settlement)

Shelton v. Liberty Mutual Fire Ins. Co., 578 F. App’x 841 (11th Cir. 2014)

July 08, 2015 PUBLICATIONBut At Least You Can Recover Your Costs, Right? A Practitioner's Guide to Appellate Costs in Florida — the Good, the Bad, and the Money

Even though the former husband obtained a credit of $1.2 million for post-judgment alimony as a result of his appeal, the appellate court found that, in the grand scheme of the case, the issue was relatively insignificant. As explained by the court, he was “merely given a credit” for amounts already paid and his obligations under the final judgment were not reduced.

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September 01, 2012 PUBLICATIONThe 2012 Women's Leadership Forum: Paying it Forward and Paying it Back

"Inspiration to initiate improvement." That's what attendees can expect to take away from the CLM's  2012 Women's Leadership Forum.

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November 01, 2011 PUBLICATIONIf at First You Don't Succeed, Should You Try Again?

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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June 23, 2011 PUBLICATIONRecent Developments in Property Insurance Coverage Litigation

Tort Trial & Insurance Practice Law Journal (Winter 2011 • Volume 46:2).  Copyright © 2011 American Bar Association.  All Rights Reserved.  Reprinted by permission.  This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association

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January 01, 2010 PUBLICATIONThe Learned Intermediary Doctrine: An Update

This article was original published in Trial Advocate Quarterly, a publication of the Florida Defense Lawyers Association, Volume 30, Number 1, Winter 2010.  ©  Reprinted with permission.

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June 17, 2008 PUBLICATIONConsequential Damages Under the Insurance Contract -- The New "Bad Faith?"

The ability of an insured to recover consequential damages under an insurance contract allegedly caused by failure or delays in the insurer making payments has traditionally been controversial. Jurisdictions have been divided in their approach as noted in the following annotation cited by the district court in Indiana

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April 01, 2005 PUBLICATIONFlorida's Supreme Court Finally Brings Clarity to the Economic Loss Rule

After years of confusing and contradictory rulings, Florida's Supreme Court finally reigned in the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the Florida Supreme Court cogently limited the Economic Loss Rule. It held that the Economic Loss Rule does not bar a negligence action to recover solely economic damages where the defendant is not a product manufacturer or distributor. The Court also held that the Economic Loss Rule simply does not apply to any situation where there is no privity between the litigants.

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PUBLICATIONRecent Developments in Property Insurance Law

(Winter 2010 • Volume 45/2).  Copyright © 2009 American Bar Association.  All Rights Reserved.  Reprinted by permission.  This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Events

January 26, 2012 EVENTCLM Florida Annual Meeting
CLM Florida Annual Meeting
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Key Points
Practice Area CASE TYPE
  • Appellate
  • Attorney Fee Disputes
  • Bad Faith
  • Commercial General Liability
  • Construction Defect Litigation
  • Contribution Claims
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Coverage - Property
  • Excess Coverage
  • General Casualty Litigation
  • Sovereign Immunity Issues
  • Construction Defect Litigation - Indemnity Claims
  • Construction Defect Litigation - Sinkholes
  • Coverage - Business Interruption
  • Coverage - Business Owner's