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E. Kelly Bittick Jr.

E. Kelly Bittick Jr.

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Overview

Kelly Bittick practices general civil and appellate litigation. His litigation experience includes business disputes (contract, business torts, and federal and state RICO claims), lender liability, administrative law, and product liability.

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Experience

  • Holder Constr. Co. v. Estate of Pitts, No. S12G0527 (Ga. Nov. 27, 2012). Reversed ruling by court of appeals that deceased worker on airport construction project was a third-party beneficiary of insurance provisions in contracts between owner, construction manager, and subcontractor.
  • Office Depot, Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff'd, 453 F. App'x 871 (11th Cir. 2011). Summary judgment in favor of insurer on insured’s claims of more than $24 million in investigation costs.
  • S&B/Bibb Hines PB 3 Joint Venture v. Progress Energy Fla., Inc., 365 F. App'x 202 (11th Cir. 2010). Affirmed dismissal with prejudice of claims against general contractor for additional compensation due to unexpected construction costs.
  • Harper Mech., LLC v. Hunt Const. Grp., Inc., 23 So. 3d 772 (Fla. 5th DCA 2009). Affirmed grant of summary judgment for general contractor on claim for additional compensation for construction work despite release of claims.
  • Sharp v. Leichus, 952 So. 2d 555 (Fla. 1st DCA 2007). Viability of cause of action against manufacturer of name brand prescription product brought by consumer who used only generic product made by another manufacturer.
  • Vincent v. C.R. Bard, 944 So. 2d 1083 (Fla. 2d DCA 2006). Applicability of alternative liability theory to cause of action brought by plaintiff unable to identify manufacturer of medical device that allegedly caused injury.
  • Clearview Imaging, LLC v. State Farm Mut. Auto. Ins. Co., 932 So. 2d 427 (Fla. 2d DCA 2006). Interpretation of legislation amending statutory cap on charges to PIP insurers for MRI services.
  • Fla. Dep't of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). Constitutionality of law attempting to impose ad valorem taxes on municipal property used to provide two-way telecommunications services to the public for hire.
  • Dep't of Revenue v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003), rev'd, 988 So. 2d 250 (Fla. 2005). Constitutionality of law attempting to impose ad valorem taxes on municipal property used to provide two-way telecommunications services to the public for hire.
  • Grenitz v. Tomlian, 858 So. 2d 999 (Fla. 2003). Admissibility of expert testimony by psychologist on issue of medical causation, two-issue rule.
  • Calder Race Course, Inc. v. Dep't of Bus. & Prof'l Regulation, 838 So. 2d 1241 (Fla. 1st DCA 2003). Dismissal of complaint based on res judicata defense.
  • Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003). Local action rule, certification of settlement class in landowners’ action against power company for allegedly exceeding scope of company’s easement by addition of fiber optic cables.
  • Barbour v. Brinker Fla., Inc., 801 So. 2d 953 (Fla. 5th DCA 2001). Sufficiency of evidence in premises liability case.
  • Sheehan v. Winnebago Indus., Inc., 635 So. 2d 1067 (Fla. 5th DCA 1994). Burden of proof in case under Motor Vehicle Warranty Enforcement Act.
  • Gulf Power Co. v. Wilson, 597 So. 2d 270 (Fla. 1992). Propriety of Public Service Commission's imposition of penalty for mismanagement in setting utility rates.

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Recognition

  • AV Rated by Martindale-Hubbell
  • Florida Defense Lawyers Association
    • Trial Advocate Quarterly Award (2008) 
    • Trial Advocate Award for Best Article (2001)

Professional & Community Involvement

  • Florida Defense Lawyers Association
    • Board of Directors (2008-2009)
    • Editorial Board of Trial Advocate Quarterly
  • The Florida Bar
    • Appellate Practice Section
  • American Bar Association
    • Section of Litigation
      • Appellate Practice Committee
      • Pretrial Practice and Discovery Committee

Pro Bono

  • State v. Kelly, No. CR81-0535. Proceedings by death row inmate to obtain the production of potentially exculpatory documents from the state.
  • Caksackker v. State, 905 So. 2d 130 (Fla. 2d DCA 2005). Jurisdiction of circuit court in cases brought by Statewide Grand Jury or Office of Statewide Prosecution.
  • United States v. Suarez, 130 F.3d 442 (11th Cir. 1997). Admissibility of affidavit by investigating officer in support of request for search warrant, as a party admission under Federal Rule of Evidence 801.
  • Kelly prepared, along with co-counsel from the Bazelon Center for Mental Health Law in Washington, D.C., appellate briefs in Wyatt v. Sawyer, a groundbreaking class action challenging the conditions in Alabama’s mental health and mental retardation facilities.

Credentials

Education
  • University of Florida College of Law (J.D., high honors, 1986)
  • Harvard University (B.A., magna cum laude, 1981)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.