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Nicholas A. Brown

Nicholas A. Brown

Associate

Overview

Nick Brown’s practice focuses on appeals and trial support in state and federal courts. He also serves as the reporter for the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases, which allows him to keep abreast of hot issues working through Florida’s appellate and trial courts.

At the appellate level, Nick handles all aspects of appeals, from early case assessments and evaluations of appellate issues, to motions practice and briefing, to presenting oral argument. He also consults on strategic matters to assist other attorneys both inside and outside Carlton Fields in selecting and refining issues that will best resonate with the appellate court, including conducting mock court sessions.

At the trial level, Nick develops and presents dispositive motions, prepares jury instructions, handles charge conferences, and provides legal support for the purpose of preserving claims of error. He is a regular contributor to the firm’s I Object! blog, which focuses on preservation of error at trial.

Nick’s areas of concentration include complex commercial and tort litigation, insurance coverage disputes, real property litigation, and consumer finance, all at both the trial and appellate level. He is an active member in the firm’s data privacy and cybersecurity task force as well as its e-discovery task force. Nick is also dedicated to providing pro bono legal services to ensure access to the justice system.

Prior to joining Carlton Fields, Nick served as a senior law clerk to Judge Nelly N. Khouzam in the Second District Court of Appeal in Tampa, where he learned the intricacies of appellate practice and what judges find persuasive. During law school, he was a teaching assistant for the courses Legal Research & Writing and Appellate Advocacy. He publishes and speaks on topics related to appellate law, ethics, professionalism, and legal career development.

Featured Insights

Experience

  • In re J.W., ___ So. 3d ___, No. 2D18-1531, (Fla. 2d DCA Aug. 15, 2018).  Appellate counsel for Florida Statewide Guardian ad Litem Office; affirmance of order terminating parental rights. 
  • Noonan v. Stetson University, Inc., ___ So. 3d ___, No. 2D16-3643 (Fla. 2d DCA June 8, 2018). Affirmance of defense summary judgment in action for premises liability and negligent mode of operation.
  • Pinellas Cty. v. Richman Grp. of Fla., Inc., No. 2D16-3279, ___ So. 3d ____, 2017 WL 5759040 (Fla. 2d DCA Nov. 29, 2017). Complete reversal of $16.5 million award against Pinellas County in an action alleging federal constitutional violations of equal protection and substantive due process.
  • Simmons Foods, Inc. v. Industrial Risk Insurers, 863 F.3d 792 (8th Cir. 2017). Reversal of prejudgment interest award and affirmance of denial of attorney’s fees award after jury verdict in action alleging breach of insurance contract.
  • U.S. Bank, N.A., for RFMSI 2006-S10 v. Adams, 219 So. 3d 211 (Fla. 2d DCA 2017). Reversal of summary judgment in residential foreclosure action addressing alleged failures of conditions precedent. Read Opinion.
  • Ober v. Town of Lauderdale-by-the-Sea, 218 So. 3d 952 (Fla. 4th DCA 2017). Counsel for Amicus Curiae The Florida Land Title Association, which appeared in the case for the first time on rehearing. Opinion on rehearing, withdrawing prior opinion and construing Florida’s lis pendens statute to discharge liens placed on property between a final judgment of foreclosure and a judicial sale.
  • Mercado v. National Union Fire Insurance Co. of Pittsburg, PA, No. 3D16-1888, (Fla. 3d DCA Oct. 27, 2016). Denial of petition for writ of prohibition alleging lack of subject matter jurisdiction.
  • Griffin v. ARX Holding Corp., No. 2D15-1616, 208 So. 3d 164 (Fla. 2d DCA Oct. 14, 2016). Affirmance of final summary judgment and judgment on counterclaim after jury trial in suit for compensation based on an illegal employment contract.
  • Freeman v. Berrin, No. 2D14-4174, 210 So. 3d 1279 (Fla. 2d DCA Sept. 7, 2016). Affirmance of dismissal for lack of prosecution of suit seeking to foreclose on interest in trust.
  • McDaniel v. Fifth Third Bank, No. 5D15-464, 192 So. 3d 489 (Fla. 5th DCA June 7, 2016). Affirmance of dismissal of putative class action alleging unlawful check cashing fees.
  • Gaylor v. Green, et al., No. 2D15-2831, 186 So. 3d 1031 (Fla. 2d DCA Feb. 17, 2016). Affirmance of summary judgment upholding exercise of power of appointment in probate action.
  • Charlotte County v. Andress Family Florida, LP, et al., No. 2D14-4249, 186 So. 3d 1029 (Fla. 2d DCA Feb. 3, 2016). Affirmance of multimillion-dollar final judgment finding a compensable taking in inverse condemnation action.

Featured Insights

All Insights

Professional & Community Involvement

  • Florida Supreme Court
    • Reporter, Committee on Standard Jury Instructions in Civil Cases (2017-2019)
  • Bruce R. Jacob Inn of Court (2012-2014)
  • University of South Florida Kosove Society Alumni Board (2006-present)
    • Vice President
    • Treasurer
    • Selection Committee
    • Secretary

Speaking Engagements

  • University of Florida College of Law Legal Career Pathways Conference (November 17, 2017).
  • Florida Bar Appellate Practice Section Monthly Telephonic CLE, “Effective Briefwriting: Giving the Court a Brief it Wants to Read,” (November 15, 2016)
  • University of Florida Law Center Association Board of Trustees Judicial Career Panel (September 16, 2016)
  •  “Practicing Before the Second District: Practical Considerations for Practitioners,” Hillsborough County Bar Association Appellate Practice Section (May 11, 2016)
  • “Practicing with Ethics, Civility, and Professionalism; Professionalism Under Pressure,”American Board of Trial Advocates, Tampa Bay chapter in cooperation with the Hillsborough County Bar Association (May 2014)
  • “Practicing Before the Second District Court of Appeal; Tailoring Your Brief for the Second District,” Florida Bar Appellate Practice Section (May 2014)
  • “Judicial Perspectives,” University of Florida College of Law Career Development Boot Camp, (January 2014)
  • “Why Some Lawyers Don’t Lose Their Appeal,”Clearwater Bar Association (April 2013)

Credentials

Education
  • University of Florida Fredric G. Levin College of Law (J.D., 2011)
  • University of South Florida (B.A., magna cum laude, 2006)
Bar Admissions
  • Florida
Court Admissions
  • 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, Southern District of Florida
  • Florida State Courts
Clerkships
  • Judge Nelly N. Khouzam, Florida Second District Court of Appeal

Background

  • Senior Staff Attorney, Judge Nelly N. Khouzam, Florida’s Second District Court of Appeal, Tampa, FL (2011-2014)

Disclaimer

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