Skip to Content

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 practices in all five of Florida’s district courts of appeal, the Florida Supreme Court, and the Eleventh Circuit Court of Appeal.  His practice areas include both first- and third- party coverage issues, insurer regulation, insurer bad faith, and the defense of policyholders, including trial support.  A substantial part of his practice includes petition proceedings related to discovery order and other pre-judgment rulings requiring immediate appellate resolution.  Anthony has maintained his status as a Board Certified Specialist in Appellate Practice continuously since 2002.  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

  • All Florida Courts
  • Eleventh Circuit Court of Appeals
  • Seventh Circuit Court of Appeals

Media

Black History Month | Katherine Johnson and Charles Drew

In the last part of our miniseries highlighting several prominent African-American figures in history, we take a look at the lives of Katherine Johnson and Dr. Charles Drew. Starring Janice Buchman and Anthony Russo. [embed]https://youtu.be/iPb-qIiQmrk[/embed]...

Harvey V. Geico Gen. Ins. Co. – Where Do We Go From Here?

Anthony Russo, David Krouk, Matthew Lavisky and Mihaela Cabulea presented "Harvey v. GEICO Gen. Ins. Co. - How bad is it, and where do we go from here?" This presentation took place in Disney's Boardwalk Inn on June 6, 2019. This panel of experienced bad faith attorneys discussed the landscape of third-party bad faith claims in Florida following the Supreme Court's recent opinion in Harve...

Super Lawyers 2019

The 2019 Super Lawyer's List is here and we're excited to show you our latest Super Lawyers and Rising Stars at Butler! Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as "Super Lawyers" in their area of practice. They have also designated our Rising Stars for those attorney...

Florida Supreme Court gives green light to insurers to take immediate appeals of rulings that find no settlement reached

Attention liability insurers and their counsel – the Florida Supreme Court has given the green light to immediate appeals of non-final orders that determine the existence and enforceability of settlement agreements. The Florida Supreme Court issued its regular cycle report containing amendments to the Florida Rules of Appellate Procedure. In Re: Amendments To The Florida Rules Of Appellate Pro...

Super Lawyers 2018

The 2018 Super Lawyer's List is here, and we're excited to show you our latest Super Lawyers and Rising Stars at Butler! Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as "Super Lawyers" in their area of practice. They have also designated our Rising Stars for those attorneys...

Show More

This offer expires in 30 days! No automatic extensions says high court

The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge the time to respond, says the Florida Supreme Court in Koppel v. Ochoa, No. SC16-1474 (Fla. May 17, 2018), disapproved the tolling rule of Goldy v. Corbett Cranes Services, Inc., 692 So. 2d 225 (Fla. 5th DCA 1997). The new rule? The filing of a motion under Florida Rule of Civil Procedure 1.090...

Insurers, Policyholders, and Defense Lawyers: The Ins and Outs of the Tripartite Relationship Podcast

Join Partner Anthony Russo as he identifies and analyzes the nature of the relationship between the insurer and the policyholder, the policyholder and the lawyer, and the lawyer and the insurer. He explains the recent history and development of these rules since the release of The Florida Bar Report on Insurance Practices Special Study Committee (June 2, 2000). If you missed the webinar, you can ...

Insurers, Policyholders, and Defense Lawyers: The Ins and Outs of the Tripartite Relationship

Join Partner Anthony Russo as he identifies and analyzes the nature of the relationship between the insurer and the policyholder, the policyholder and the lawyer, and the lawyer and the insurer. He will explain the recent history and development of these rules since the release of The Florida Bar Report on Insurance Practices Special Study Committee (June 2, 2000). Practical problems will be discu...

Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do you have a choice? Earlier this year, the Florida supreme court raised a red flag on the new Florida Statute section 90.702 in In re Amendments to the Florida Evidence Code, SC16-181, 2017 WL 633770 (Fla. Feb. 16, 2017). In that opinion, the supreme court only n...

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to enter the residence at multiple points, causing, eventually, complete destruction of the residence. The trial court ruled the concurrent cause doctrine applied, and so that ...

The 2017 Super Lawyers List is Here!

The 2017 Super Lawyers List is here! Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as "Super Lawyers" in their area of practice. View our attorneys who are on the 2017 Super Lawyers List: A complete list of our "Super Lawyers" is available here  ...

Florida Liability Claims Conference 2017

Anthony Russo from Butler Weihmuller Katz Craig presented in Orlando, Florida at the Florida Liability Claims Conference on the topic of "Insurers, Policyholders, and Defense Lawyers: The Ins and Outs of the Tripartite Relationship"....

Supreme Court says lawyer’s referral of client to a doctor for treatment is attorney-client privileged communication, and out of bounds in discovery

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred her to a doctor for treatment. In Worley v. Central Fla. Young Men’s Christian Ass’n, Inc., SC15-1086 (Fla. April 13, 2017), the supreme court disapproved a decision of the Fifth District Court of Appeal and pulled ba...

Florida Supreme Court To Consider Rule Change Allowing Immediate Review Of Orders On Settlement Agreements

The Florida Bar Appellate Rules Committee has proposed to the Florida Supreme Court an amendment to the appellate rules that would allow immediate appeals of orders that determine if, “as a matter of law, a settlement agreement is unenforceable, was set aside, or never existed.”  Florida’s district courts of appeal have jurisdiction to review – generally speaking – only final judgments...

Free Dri Appellate Webcast Hosted At The Butler Tampa Office

Butler’s Appellate Group hosted  DRI’s Appellate Advocacy Committee’s first Free National Webcast and Networking Event which was held at 5:00 p.m. E.S.T. on Thursday, March 9 at Butler’s Tampa office: 400 N. Ashley Dr. Tampa, FL 33602  Located on the 5th floor...

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” those (unidentified) elements of the Daubert statute are constitutionally suspect. But, in the end, Florida’s Daubert statute is still the law of Florida – the Florida statute was not struck down ...

Johnson v. Omega Ins. Co.

Johnson v. Omega Ins. Co., 2016 WL 5477795 (Fla. Sept. 29, 2016) 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...

What’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 follow...

Second 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. See Citizens Property Ins. Corp. v. Duenas, 2D14-3858 (Fla. 2d DCA June 10, 2016); Citizens Property Insurance Corporat...

Second 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). There the appellate court made it clear that policyholder’s contract rights to policy proceeds accrue after...

Second 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. The non-settling insurer wanted to discover the terms of the other insurer’s settlement because “it would be helpful to know how much has actually been paid.” The trial judge granted the motion, and the pol...

Ochoa v. Koppel

The Second District Court of Appeal, on May 20, issued a ruling that the filing of a motion to enlarge the 30-day time period to respond to a proposal for settlement does not automatically toll that time pending a decision on the motion. The Court also certified its decision is in conflict with a decision of the Fifth District Court of Appeal. The plaintiff served a proposal for settlement on the...

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

Anthony J. Russo, Esq. (Tampa) Florida Bar Board Certified Specialist in appellate practice, and David Krouk, Esq. (Tampa) of Butler Weihmuller Katz Craig LLP, will discuss trial court alternatives and appellate court remedies when responding to Florida's multi-count UM pleading practice....

Judge John Badalamenti Joins The Second District

In April, John L. Badalamenti was appointed to the Second District Court of Appeal by Governor Rick Scott, filling the seat vacated by retiring Judge Charles A. Davis Jr. Judge Badalamenti, 41, of Tampa, comes to the post from the Appellate Division of the Office of the Federal Public Defender, Middle District of Florida, where he had served since 2006. The appointment to the court is the culminat...

The Florida Supreme Court Endorses Citizens’ Immunity

On May 14, 2015, the Supreme Court of Florida handed down an important victory to Citizens Property Insurance Corporation. 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 Legisla...

Certiorari Redefined: Would The “Functional Restatement” Function?

The following article was originally published in the Stetson Law Review, May 2013. 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 b...

The Stay Of Judgments And Proceedings In Florida State Courts

Editor's Note: Anthony J. Russo is a partner with Butler in Tampa. He has been board certified in appellate practice since 2002. His practice includes liability defense and insurance issues. He received his law degree from Stetson University and started his career as a judicial clerk at Florida's Second District Court of Appea. This column is submitted on behalf of the Appellate Practice Sect...

The Likelihood Of Success (Or Failure) — The Evaluation Of Judgments For Appeal

The 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....

Anthony Russo