education

University of Florida College of Law (J.D., 1973), with honors
University of Florida (B.S., 1970)

related practices

related industries

Real Estate Industry

bar admissions

Florida

court admissions

U.S. Court of Appeals, Eleventh Circuit
United States Supreme Court
Florida State Courts
Florida Supreme Court

Thomas E. Warner

Shareholder

West Palm Beach

T: 561.650.0331

F: 561.659.7368

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Tom Warner represents clients in complex litigation and appeals. He practices primarily in the areas of business litigation and real estate litigation, including commercial contract disputes, leases, construction litigation, inverse condemnation, and land use, zoning, and environmental litigation. Mr. Warner is also experienced in defending unfair and deceptive trade practices, consumer class actions, and products liability cases. As a trial lawyer, he has tried numerous jury and non-jury cases to verdict and final judgment.

Mr. Warner is board certified in Civil Trial Law and Appellate Practice by The Florida Bar. Prior to joining Carlton Fields, Mr. Warner was Solicitor General for the State of Florida, representing the State of Florida before the United States Supreme Court and the Florida Supreme Court in civil cases involving constitutional issues and other matters of great public importance. Mr. Warner was also a State Representative, District 82, Florida House of Representatives. At that time, he was designated by the Miami Herald as one of the top 6 most influential members of the Florida House of Representatives.

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Representative Matters
- Winn-Dixie Stores, Inc. v Dolgencorp, Inc. and Crest Haven, LLC, 964 So. 2d 261 (Fla. 4th DCA 2007). On appeal, won reversal of a summary judgment against Winn-Dixie and obtained a favorable opinion establishing the validity and enforceability of a commercial exclusive covenant in Winn-Dixie’s recorded shopping center lease. The lease covenant gave Winn-Dixie the exclusive right to sell groceries in the shopping plaza. The appellate court held that Winn-Dixie’s commercial exclusive was a real property covenant, enforceable through injunctive relief (without a showing of irreparable harm), and that Dolgencorp (Dollar General) had constructive notice and implied actual notice of the recorded covenant.
- Morgan Stanley & Co. v Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007). As a member of the trial and appellate team representing Morgan Stanley, Mr. Warner developed the argument on the proper measure of damages for fraud and helped win reversal of a $1.6 billion dollar judgment against Morgan Stanley, which was obtained by Coleman (Parent) Holdings, Inc. (a company owned by Ron Perelman).
- Briarwood Shopping Center, LLC and Gates Capital Group, LLC v Lowe’s Home Center, Inc., 2009 WL 3199794 (Fla. 2nd DCA Oct. 07, 2009). Won affirmance on appeal of a lower court judgment granting Lowe’s specific performance on a $13,500,000 commercial real estate transaction.
- Oak Square Joint Venture v Brand Properties IV, LLC, 9 So. 3d 620 (Fla. 1st DCA 2009). Won affirmance on appeal of a lower court judgment in favor of our client, declaring that the client’s redevelopment of a commercial property would not overburden or violate a joint cross-access easement between the client and an adjoining shopping center.
- Pamela Grunow v. Valor Corporation, 904 So. 2d 55 (4th DCA Fla. 2005). Products liability case arising out of the use of a handgun by a student to kill a teacher. Plaintiff alleged that distributor was liable for not selling the handgun with internal trigger locks because the product was unreasonably dangerous. Won a post trial motion to set aside the $24 million dollar jury verdict for plaintiff and obtained entry of judgment for the defendant Valor Corp. Briefed and argued the case on appeal. Judgment for Defendant, affirmed.
- Boca Airport, Inc. v. Boca Raton Airport Authority, 911 So. 2d 114 (Fla. 4th DCA 2005). Won appeal affirming summary judgment regarding interpretation and application of commercial lease.
- Butler Pappas v. Coral Reef Key Biscayne, Inc., 873 So. 2d 339 (3d DCA Fla. 2003). Successfully challenged trial court order that law firm and its client (Lloyds of London) waived attorney client privilege by committing a crime fraud. District Court granted the petition and quashed the trial court order, holding that under the facts of the case, no crime or fraud had been committed.
- Florida Consumer Action Network, v. Bush, 830 So. 2d 148 (1st DCA Fla. 2002). Represented the Governor and the state of Florida and successfully defended the constitutionality of the 1999 Tort Reform Legislation (pending in the Fla. Sup. Ct.).
- Campus Communications v. Earnhardt, 821 So. 2d 388 (5th DCA Fla. 2002). Intervened as Solicitor General on behalf of the State of Florida to successfully defend constitutionality of statute exempting autopsy photos of late NASCAR driver Dale Earnhardt from disclosure under public records laws.
- Caribbean Conservation Corps v. Florida Fish and Wildlife Conservation Commission, 838 So. 2d 492 (1st DCA Fla. 2003). Successfully defended the constitutionality of a state statute applying the Administrative Procedures Act to rule making by the new Fish and Wildlife Conservation Commission, when rules pertain to endangered marine animals (manatees).
- People of the State of Illinois, ex rel James Ryan v. Telemarketing Assoc., Inc. and Richard Troia and Armey, Inc., 537 U.S. 1086, 123 S. Ct. 714 (2002). Wrote amicus briefs on behalf of the state of Florida and other states, successfully supporting the state of Illinois. At issue is whether the First Amendment prohibits state from pursuing common law fraud action against professional fundraiser who represents that donations will be used for charitable purposes but actually keeps 85% of all money raised.
- Face v. National Home Equity Mortgage Association, 540 U.S. 823 (2003). Wrote amicus briefs on behalf of the state of Florida and several other states, successfully supporting the state of Virginia. At issue is whether state officials are liable for pay attorneys’ fees when plaintiffs prevail in 1983 actions under claims based on federal statutes pre-empted by the Commerce Clause.
- John/Jane Doe No.’s 1-13, v. Chiles, 136 F.3d 709 (11th Cir. 1998). Represented the Governor and the state of Florida and successfully appealed civil contempt order imposed on Gov. Bush for alleged failure of state to adequately fund services to developmentally disabled.
- Chiles v. Phelps, 714 So. 2d 453 (Fla. Sup. Ct. 1998). Represented the Speaker of the House in a constitutional case involving separation of powers and the authority of the legislature to take up and override veto messages by the Governor.
- Florida Power & Light v. Putnam, (19th Cir. 1996-1997). Ad valorem tax case. Issues involved just valuation of nuclear power plant; application and constitutionality of state statute exempting pollution control devices.
- Yusem v. Martin County, 690 So. 2d 1288 (Fla. 1997), 664 So. 2d 976 (Fla. 4th DCA 1995) (19th Judicial Circuit). Represented private property owner in a land use case involving property rights; court review of comprehensive plan and zoning changes.
- Anderson v. Anderson, Fla. Sup. Ct. 845 So. 2d 870 (Fla. Sup. Ct. 2003). Whether ex-husband could challenge paternity of children born in wedlock, through post-divorce DNA testing, in order to avoid child support obligations. Intervened as Solicitor General on behalf of the state of Florida to represent the best interests of the children and successfully advocated that an ex-husband would be limited to the one year time period after the judgment of divorce to file a motion for relief from judgment, as provided in Rule 5.40 of the FRCP.
- Shaw, v. Murphy, United States Supreme Court, 121 S. Ct. 1475 (April 18, 2001). Wrote amicus brief on behalf of the state of Florida and several other states, successfully supporting the state of Montana. At issue was whether a prisoner has a First Amendment right to private legal assistance to another prisoner, and whether states could limit prisoner contact and communications in order to preserve the security and safety of prisons.

Publications

01.27.2011	Client Alert: Court Confirms Scope Of Statutory Immunity Against Suits Related To Appointment Of Medical Staff Members (January 2011).
03.27.2009	Client Alert: The Supreme Court May Grant Cert To Decide The Scope Of Preemption Over State Laws Prohibiting Or Effectively Prohibiting Telecommunications Service (March 2009).
03.11.2004	“Office of the Florida Solicitor General: The Greatest Job for a Lawyer in Florida,” The Florida Bar Journal (1999).

Speaking Engagements
- Moderator, “Moving From Briefs to Oral Argument,” AJEI Summit Meeting of the ABA Appellate Judges’ Conference (AJC), the Council of Appellate Staff Attorneys (CASA), and the Council of Appellate Lawyers (CAL), Orlando, FL (November 21, 2009)
- Speaker, “The Validity and Enforcement of Commercial Exclusives in Shopping Center Leases and Other Real Property Covenants,” at the Plat and Subdivision Law in Florida seminar put on by Lorman Education Services (September 9, 2008)
- Co-Panelist, “Contemporary Threats to Judicial Independence,” Florida Appellate Justice Conference, Orlando, FL (June 27, 2007)
- Speaker, “Lodging Law,” Florida Association of Conventions and Visitors Bureaus Annual Conference, Sanibel, FL (September 21, 2006)
Professional Recognition
- AV Rated by Martindale-Hubbell
- Selected for inclusion in The Best Lawyers in America 2007-2012 editions
- Florida Trend’s Florida Legal Elite 2005-2006 and 2008 editions
- Listed as a Top Lawyer in South Florida Legal Guide 2009-2010 editions
- Florida Super Lawyers 2006-2011 editions
- Designated by the Miami Herald 1997 & 1998 as one of the top 6 most influential members of the Florida House of Representatives
- Florida Banker’s Association Legislative Award (1995)
Professional and Civic Activities
- The Florida Bar
  Board Member, Rules of Judicial Administration Committee (2009-2012)
  Vice-Chair, Judicial Administration and Evaluation Committee (2006-2007)
  Chair, Public Advocacy/Legislation Committee of the Appellate Practice Section
- Florida TaxWatch
  Board of Trustees (2003)
- Helping People Succeed, Inc.
  Board Member (2003)
  Non-profit organization providing services for developmentally disabled children and adults
- Florida Supreme Court's Judicial Management Council (1997-2002)
- Governor’s Commission on Education (1997-1999)
- Governor’s Task Force on Telecommunications Taxation (1996-1997)
- Chair, 19th Circuit Judicial Nominating Commission (1990-1992)
- Martin County Council for the Arts
  Past President (1989-1991)
- Children’s Home Society
  Former Board Member
Background
- State of Florida
  Solicitor General (1999-2002)
  Represented the State of Florida before the United States Supreme Court and the Florida Supreme Court in civil cases involving constitutional issues and other matters of great public importance.
- Florida State University College of Law
  Visiting Professor, Richard W. Ervin Eminent Scholar Chair in Law (1999-2002)
- Florida House of Representatives (1992-1999)
  Chair, Judiciary Committee and Procedural Council (1996-1998); Chair, Civil Justice Council (1998-1999); Chair, Real Property & Family Law Sub-Committee (1994-1996)
  Co-Chaired House/Senate Conference Committee on Tort Reform (1998); Member, Select Committees on Telecommunications, Juvenile Justice Reform; Workers Compensation; Governor’s Task Force on Telecommunications Taxation (1996-1997); Governor’s Commission on Education (1997-1999)
- Warner, Fox, Seeley, Dungey & Sweet, LLP
  Senior Litigator and Managing Partner (1979-1999)
- Stuart City Attorney (1984-1988)
- First People’s Bank of Port St. Lucie
  Director and Initial Investor (1999-2003)

News

07.08.2009	Tom Warner Appointed to Serve on The Florida Bar Rules of Judicial Administration Committee
06.08.2009	Tom Warner Participates in Tenth Anniversary Celebration of the Establishment of the Office of the Florida Solicitor General