Attorneys

Matthew J. Conigliaro

Shareholder
St. Petersburg

ph : 727.824.0020
fax : 727.822.3768

Practice Experience

  • Matt Conigliaro is Board-Certified by The Florida Bar as a specialist in Appellate Practice.
  • Mr. Conigliaro concentrates his practice on appellate and complex commercial litigation. His work principally involves commercial and tort litigation, health care and products litigation, coverage, intellectual property, constitutional issues, dissolution matters, and pro bono criminal defense representation.
  • Mr. Conigliaro's web log at www.abstractappeal.com is the first web log devoted to Florida Law and the Eleventh Circuit Court of Appeals.

Representative Matters

  • Kristensen-Kepler v. Cooney, 2010 WL 2675306 (Fla. 4th DCA July 7, 2010).
  • Howell v. Ed Bebb, Inc., 35 So. 3d (Fla. 2d DCA 2010).
  • Burgess v. Prince, 25 So. 3d 705 (Fla. 2d DCA 2010).
  • MasTec, Inc. v. Suncoast Underground, Inc., 27 So. 3d 705 (Fla. 3d DCA 2010).
  • Keith v. Manor Care, Inc., 2009 NMCA 119 (N.M.Ct. App. 2009).
  • Republic Federal Bank v. Doyle, 19 So. 3d 1053 (Fla. 3d DCA 2009).
  • Gessa v. Manor Care, Inc., 4 So. 3d 679 (Fla. 2d DCA 2009).
  • SPS Corp. v. Kinder Builders, Inc., 997 So. 2d 1232 (Fla. 3d DCA 2008).
  • Commercial Capital Resources, LLC v. Giovoinnetti, 955 So. 2d 1151 (Fla. 3d DCA 2007).
  • Luke Investments, Inc. v. Camelot Condominium Owners Ass’n, Inc., 974 So. 2d 433 (Fla. 2d DCA 2007).
  • Bland v. Health Care and Retirement Corp., 927 So. 2d 252 (Fla. 2d DCA 2006).
  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005).
  • Donato v. American Tel. & Tel. Co., 767 So. 2d 1146 (Fla. 2000).
  • O'Neill v. O'Neill, 812 So. 2d 448 (Fla. 5th DCA 2002).
  • American Airlines, Inc. v. Mejia, 766 So. 2d 305 (Fla. 4th DCA 2000).

Amicus cases/briefs:

  • Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 126 S. Ct. 2764 (2005). Drafted amicus brief on merits of engineering society in high profile copyright case, advocating position ultimately adopted by court.
  • Bayside Technologies, Inc. v. Bowers, 539 U.S. 928 (2003). Order denying certiorari - drafted amicus brief on certiorari for engineering society in copyright case.
  • Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722 (2002). Drafted amicus brief on merits for engineering society in high profile patent case, advocating position discussed by court at oral argument and ultimately adopted by court.
  • Davidson & Associates v. Jung, 422 F.3d 630 (8th Cir. 2005). Drafted amicus brief on merits for engineering society in copyright case.
  • Nationwide Mut. Fire Ins. v. Holiday, 924 So. 2d 809 (Fla. 2005). Order denying review. Drafted amicus brief on merits for Florida Defense Lawyers Association in case on assessment of fees against insurers.

Representative Pro Bono Matters

  • Rivera v. Singletary, M.D. Fla. case no. 93-647, 120 F.3d 273 (11th Cir. July 7, 1997) (unpublished order). Represented inmate in post-conviction habeas corpus proceeding before federal district court and in mandamus petition to circuit court.
  • Green v. State, 887 So. 2d 1089 (Fla. 2004). Represented inmate in post-conviction matter regarding retroactivity of sentencing legislation.
  • Wright v. State, 911 So. 2d 81 (Fla. 2005). Represented inmate on post-conviction sentencing issue regarding whether judiciary’s erroneous retention of veto over Parole Commission’s release authority constitutes a sentencing error.
  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005). Represented trial judge in public records case involving photographs of murder victim.
  • Sheffield v. State, 919 So. 2d 449 (Fla. 2d DCA 2005). Represented murder defendant on direct appeal.
  • Zeigler v. State, 2009 WL 51408 (Fla. 2d DCA 2009). Represented murder defendant on direct appeal.

BAR ADMISSIONS

  • Florida

COURT ADMISSIONS

  • Florida State Courts
  • United States Supreme Court
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

Publications

  • “The Continuing Story of Certiorari,” 83 The Florida Bar Journal 38 (Dec. 2009).
  • “The Business of Betting or Wagering: A Unifying View of Federal Gaming Law,” 57 Drake Law Review 101 (2009).
  • “The Strategic Advantage of Having Appellate Support at Trial,” Paraclete 18, St. Petersburg Bar (Feb. 2007). 
  • “Frye and the Admissibility of Scientific Evidence under Florida Law,” The Defense Speaks (2006).
  • “Thoughts on On-line Access and High Profile Cases," The Record—Journal of the Appellate Practice Section, at 11 (Winter 2006).
  • “Extraordinary Writs and Remedies,” Chapter 25, Florida Civil Practice Before Trial, 7th ed. (2004).
  • “Misapplication of Section 48(a) of the Investment Company Act of 1940 as a 'Controlling Person' Provision,” The Investment Lawyer, at 19 (Aug. 2003).
  • “Foreseeability in Patent Law,” 16 Berkeley Technology Law J. 1 (Dec. 2001).
  • “Challenging the Reliability of Expert Testimony,” 75 The Florida Bar Journal 48 (July/Aug. 2001).
  • “Demanding Reliability From Experts Under Florida Law,” Trial Advocate Quarterly, at 11 (Winter 2001).
  • “Extraordinary Writs and Remedies,” Chapter 25, Florida Civil Practice Before Trial (6th ed. 2000).
  • “A Law Clerk’s View on Appellate Briefs,” Certworthy, at 21 (Summer 2000).
  • “Market Share Theory: Limited Logic Meets Some Logical Limits,” For the Defense, at 10 (Sept. 1998).
  • “Walton v. Alexander: The Fifth Circuit Limits a State’s Fourteenth Amendment Duty to Protect to Instances of Involuntary Restraint,” 70 Tul. L. Rev. 393 (1995).

Speaking Engagements

  • Panel Member, The Florida Bar’s Practicing Before the Supreme Court, “Amicus Briefs” and “Briefs in Support of and in Opposition to Requests for Discretionary Review,” Tallahassee, Florida (June 10, 2010).
  • Guest Lecturer, Florida State University School of Law, Famous Florida Trials, Tallahassee, Florida (March 24, 2010).
  • Host & Panel Member, The Florida Bar’s Practice Before the Fifth District Court of Appeal, “Important Lessons for Practitioners to Learn,” Altamonte Springs, Florida (March 5, 2010).
  • Host & Presentation, St. Petersburg Bar Association’s Practice In The Second District Court of Appeal: A Seminar for Trial and Appellate Lawyers, “Nuts & Bolts of Practice in the Second District,” St. Petersburg, Florida (March 4, 2010).
  • Presentation, The Florida Bar’s Advanced Appellate Practice and Certification Review, “Significant Recent Appellate Practice Decisions,” Tampa, Florida (February 4, 2010).
  • Presentation, TAG Academy, “Presentation & Persuasion Skills For Attorneys,” St. Petersburg, Florida (November 13, 2009).
  • Presentation, Florida Defense Lawyers Association, “The Internet and Jurors: Modern Problems for Trial Counsel,” Miami, Florida (August 7, 2009).
  • Presentation, Carlton Fields, “How To Perform Statutory Research,” Tampa, Florida (July 10, 2009).
  • Panel Member, The Florida Bar’s Practicing Before The Supreme Court, “Briefs in Support of and in Opposition to Requests for Discretionary Review,” Tallahassee, Florida (June 4, 2009).
  • Presentation, Florida Liability Claims Conference, “Using Social Networking and Web 2.0 Internet Sites for Research and Jury Selection,” Orlando, Florida (May 28, 2009).
  • Presentation, Hillsborough County Bar Association’s Appellate Practice Section Seminar, “Appellate Review of Non-Final Orders,” Tampa, Florida (May 1, 2009).
  • Panel Member, The Florida Bar’s Practicing With Professionalism CLE Course, Professionalism Discussion, St. Petersburg, Florida (February 28, 2009).
  • Presentation, The Florida Bar’s Advanced Appellate Practice and Certification Review Course, “Recent Developments in Florida Law 2009,” Ft. Lauderdale, Florida (February 13, 2009).
  • Host, St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, Florida (February 12, 2009).
  • Presentation, The Florida Bar’s Basic Appellate Practice CLE Course, “What's Appealable?” Tampa, Florida (November 13, 2008).
  • Moderator, Eleventh Circuit Appellate Practice Institute, Panel Discussion on Motion Practice In The Eleventh Circuit, Atlanta, Georgia (October 24, 2008).
  • Panel Member, The Florida Bar’s Practicing Before The Supreme Court, “Briefs in Support of and in Opposition to Requests for Discretionary Review,” Tallahassee, Florida (June 12, 2008).
  • Presentation, The Florida Bar’s Appellate Practice Section CLE Teleconference, “Florida Appellate Practitioners’ Online Resource Guide 2008” (May 20, 2008).
  • Guest Lecturer, Florida State University College of Law, Topics in Appellate Law and Policy Course, “Appellate Practice,” Tallahassee, Florida (March 19, 2008).
  • Presentation, AIG Healthcare Seminar, “How to Help Your Trial Counsel Win at Trial While Protecting the Record for Appeal” 2008, Jersey City, New Jersey (March 14, 2008).
  • Host, St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, Florida (February 13, 2008).
  • Presentation, The Florida Bar’s Advanced Appellate Practice and Certification Review, “Recent Developments in Florida Law 2008,” Tampa, Florida (February 1, 2008).
  • Presentation, The Florida Bar’s Basic Appellate Practice CLE Course, "What's Appealable?" Tampa, Florida (October 5, 2007).
  • Panel Member, The Florida Bar’s Practicing Before The Supreme Court, “Briefs in Support of and in Opposition to Requests for Discretionary Review,” Tallahassee, Florida (June 8, 2007).
  • Presentation, Florida Liability Claims Conference “Top 10 Legal Websites You Never Knew About,” Orlando, Florida (June 1, 2007).
  • Presentation, The Florida Bar’s Appellate Practice Section CLE Teleconference, “Florida Appellate Practitioners’ Online Resource Guide 2007” (March 20, 2007).
  • Guest Lecturer, Stetson Law School, Florida Constitutional Law Course, “The Separation of Powers Doctrine Under Florida's Constitution,” Gulfport, Florida (March 12, 2007).
  • Two Presentations, The Florida Bar’s Advanced Appellate Practice and Certification Review, “Extraordinary Writs” and “Recent Developments in Florida Law 2007,” Miami Lakes, Florida (February 23, 2007).
  • Host, St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, St. Petersburg, Florida (February 15, 2007).
  • Presentation, The Florida Bar’s Reporters' Workshop, "Internet Legal Resources” and Moderator, "The Role of Appellate Courts,” Tallahassee, Florida (November 30 - Dec. 1, 2006).
  • Presentation, Lorman Educational Services’ Appellate Practice For The General Practitioner In Florida, “What Orders Are Appealable?” Tampa, Florida (November 15, 2006).
  • Presentation, The Florida Bar’s Hot Topics In Appellate Practice 2006, “Civil Case Law Update,” Orlando, Florida (November 3, 2006).
  • Moderator, Eleventh Circuit Appellate Practice Institute, Panel Discussion on Motion Practice In The Eleventh Circuit, Atlanta, Georgia (October 26, 2006).
  • Presentation, The Florida Bar’s Basic Appellate Practice CLE Course, "What's Appealable?" Tampa, Florida (September 8, 2006).
  • Presentation, Florida Defense Lawyers Association Annual Meeting,”Florida Case Law Update,” Duck Key, Florida (August 4, 2006).
  • Presentation, The Florida Bar’s Polish Your Practice CLE Course, “Integrating Technology, Quality of Life, Professionalism and Board Certification,” Boca Raton, Florida (June 21, 2006).
  • Presentation, The Florida Bar’s Appellate Practice Section CLE Teleconference, “Decisions We Can't Wait to See” (May 16, 2006).
  • Host, St. Petersburg Bar Association’s Practice In The Second District: A Seminar for Trial and Appellate Lawyers, and Moderator, “Family Law Appeals” and “Should You Appeal?” St. Petersburg, Florida (April 12, 2006).
  • Guest Lecturer, Stetson Law School, Florida Constitutional Law Course, "The Separation of Powers Doctrine Under Florida's Constitution,” Gulfport, Florida (April 5, 2006).
  • Presentation, The Florida Bar’s Advanced Appellate Practice and Certification Review, “Recent Developments in Florida Law 2006,” Tampa, Florida (February 3, 2006).
  • Presentation, The Florida Bar’s Reporters' Workshop, "Internet Legal Resources” and Moderator, "The Role of Appellate Courts,” Tallahassee, Florida (December 8, 2005).
  • Presentation, Hillsborough County Bar Association’s Appellate Practice Section Seminar, “The Media and High Profile Cases,” Tampa, Florida (May 20, 2005).
  • Presentation, The Florida Bar’s Appellate Practice Section CLE Teleconference, ”Florida's Economic Loss Rule: Everything You Ever Wanted To Know But Were Afraid To Ask” (May 17, 2005).
  • Presentation, Capital Tiger Bay Club, “How Florida's Court System Handled the Terri Schiavo Saga,” Tallahassee, Florida, (April 15, 2005).
  • Presentation, Tallahassee Bar Association, “How Florida's Court System Handled the Terri Schiavo Saga,” Tallahassee, Florida, (April 5, 2005).
  • Presentation, The Florida Bar’s Advanced Appellate Practice and Certification Review, “Recent Developments in Florida Law 2005,” Ft. Lauderdale, Florida (February 4, 2005).
  • Presentation, The Florida Bar’s Reporters’ Workshop, “Internet Legal Resources,” Tallahassee, Florida (December 2, 2004).

Professional Recognition

  • AV Rated by Martindale-Hubbell
  • Selected for inclusion in Florida Trend's Florida Legal Elite 2006 and 2009 (Appellate)
  • Selected for inclusion in Florida Super Lawyers 2007, 2008, 2009, and 2010 

Professional and Civic Activities

  • The Florida Bar
    Appellate Practice Section, Vice-Chair (2009-present)
    Appellate Practice Section, Secretary/Treasurer (2007-2009)
    Appellate Practice Section, Treasurer (2006-2007)
    Appellate Practice Section, CLE Committee Chair (2005-2006)
    Appellate Practice Section, Executive Council Member (2004-2006)
  • St. Petersburg Bar Association
    Appellate Practice Section, Chair (2005-present)
  • American Bar Association
  • Defense Research Institute
  • Florida Defense Lawyers Association
  • St. Mary Our Lady of Grace Catholic Church
    Finance Council, Chair (2009-present)
    Finance Council, Member (2007-2009)
  • American Stage Theater Company
    Board of Trustees, Member (2009-present)

Background

  • Deputy Solicitor General of Florida (2001-2002)
  • Law Clerk to The Honorable Jacqueline R. Griffin, Fifth District Court of Appeal (1995-1997)

Education

  • Tulane Law School (J.D., cum laude, 1995)
    Member, Tulane Law Review
  • University of North Carolina (B.A., 1992)


© Copyright 2010 by Carlton Fields