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Nancy C. Ciampa

Nancy C. Ciampa

Of Counsel

Overview

Nancy Ciampa handles all aspects of appellate litigation in state and federal court including brief writing and oral arguments. Nancy also provides litigation support, including strategizing with trial counsel on legal issues and other potential issues to be preserved for appeal, and preparing dispositive motions, motions in limine, motions directed to expert witnesses, and jury instructions. She also handles post-trial motions and arguments. Nancy has briefed and orally argued motions, petitions for writ of certiorari and prohibition, and appeals in cases involving product liability, personal injury, insurance and insurer "bad faith," professional malpractice, foreclosure, workers' compensation, complex commercial litigation, and admiralty and maritime law.

Nancy is board certified in Appellate Law by The Florida Bar and AV rated by Martindale-Hubbell. She is also a member of the American Bar Association's Appellate Section, The Florida Bar’s Appellate Practice Section, and the Defense Research Institute's Appellate Advocacy Committee.

Featured Insights

Experience

  • Miccosukee Tribe of Indians of Fla. v. Cypress, No. 1:12-cv-22439, 2017 WL 908187 (11th Cir. Mar. 8, 2017). Represented Defendants/Appellees, Guy Lewis, Michael Tein and Lewis Tein, P.L. Appeal by the tribe’s former trial counsel of a nearly $1 million sanction order entered against the tribe and counsel for filing and pursuing a frivolous lawsuit and an order disqualifying another of the tribe’s counsel.
  • De La Osa v. Wells Fargo Bank, N.A., 208 So. 3d 259 (Fla. 3d DCA 2016) (on rehearing en banc). Represented plaintiff/appellee Wells Fargo in an appeal of a Rule 1.540(b)(4) order vacating a void final order.
  • Marine Max, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa., 616 Fed. Appx. 417 (11th Cir. 2015). Represented appellee/cross-appellant/defendant National Union.  Appeal of an order granting in part and denying in part National Union’s motion for summary judgment in this coverage dispute.
  • Miccosukee Tribe of Indians of Fla. v. Cypress, 814 F.3d 1202 (11th Cir. 2015). Represented defendants/appellees, Guy Lewis, Michael Tein and Lewis Tein, P.L. Appeal of an order dismissing the tribe’s RICO and RICO conspiracy claim against its former attorneys and others based on the intra-tribal dispute doctrine and for failure to state a cause of action.
  • Fountain Star Inv. Group, LLC v. Regions Bank, 169 So. 3d 1183 (Fla. 3d DCA June 17, 2015) (Table). Represented defendant/appellee Regions Bank. Appeal of an order granting summary judgment in favor of Regions because res judicata and Florida’s Bank Statute of Frauds barred plaintiff’s claim for breach of an oral agreement to extend the maturity date of a loan.
  • Vehicle Clearing House, Inc. v. Flagler Chrysler Dodge Jeep, Inc., 160 So. 3d 457 (Fla. 5th DCA Mar. 3, 2015) (Table). Represented Defendant/Appellee Flagler Chrysler Dodge Jeep. Appeal of an order dismissing Plaintiff/Appellant’s tort claims because the relation-back doctrine did not revive those time-barred claims.
  • Morrell v. National Union Fire Ins. Co. of Pittsburg, Pa., 173 So. 3d 976 (Fla. 2d DCA Apr. 8, 2015) (Table). Represented Defendant/Appellee National Union Fire Insurance of Pittsburg, Pa. Appeal of an order denying plaintiff’s motion for additur or new trial because there was materially conflicting evidence on the issues of injury, causation and damages.
  • Miccosukee Tribe of Indians of Florida v. Lewis, 165 So. 3d 9 (Fla. 3d DCA 2015). Represented defendants/appellees, Guy Lewis, Michael Tein, and Lewis Tein, P.L. Appeal of order dismissing action due to lack of subject matter jurisdiction because the case involved an intra-tribal dispute and alternatively granting summary judgment in favor of the tribe’s former lawyers because the evidence presented by the lawyers demonstrated the non-existence of a material fact and that they were entitled to judgment and the Tribe failed to meet its burden of coming forward with any conflicting evidence that would defeat summary judgment.
  • In re Milian, 589 Fed.Appx. 522 (11th Cir. 2015). Represented defendant/appellee Wells Fargo Bank, N.A. Appeal of district court’s affirmance of the bankruptcy court’s order abstaining from exercising jurisdiction over appellant’s adversary complaint.
  • Milian v. Wells Fargo Bank, N.A., 151 So. 3d 1257 (Fla. 3d DCA 2014) (Table). Represented plaintiff/appellee Wells Fargo Bank, N.A. Appeal of final foreclosure judgment asserting lender’s fraud during the proceedings.
  • Fagan v. AMN Healthcare, Inc., 156 So. 3d 1089 (Fla. 2d DCA 2014) (Table). Represented defendant/appellee nurse Chudzinski.  Appeal of a final judgment entered following defense verdict asserting untimely amendment of Fabre defenses and surprise expert testimony.
  • Miccosukee Tribe of Florida Indians v. Cypress, Case No. 14-12528 (11th Cir. June 19, 2014). Represented defendant/respondents Guy Lewis, Michael Tein and Lewis Tein, PL. Petition for Writ of Prohibition of order disqualifying the Tribe’s newly selected counsel.
  • Ojeda v. 50 State Security Services, Inc., 145 So. 3d 848 (Fla. 3d DCA 2014) (Table). Represented defendant/appellee 50 State Security in the appeal of an order granting summary judgment in its favor because 50 State Security did not have a contractual duty to patrol the area outside the Metrorail station.
  • Milian v. Wells Fargo Bank, N.A., 507 B.R. 386, (S.D.Fla., February 18, 2014). Represented creditor/appellee. Appeal of bankruptcy court order dismissing adversary proceeding.
  • David Barron Land Development, Inc. v. WCI Communities, LLC, 132 So. 3d 837 (Fla. 4th DCA 2014( (Table). Represented Plaintiff/Appellee WCI Communities. Appeal from a final judgment of commercial eviction.
  • Park East Development, Ltd. v. Fifth Third Bank, 128 So. 3d 807 (Fla. 2d DCA 2013) (Table).  Represented plaintiff/appellee Fifth Third Bank. Certiorari review of an order compelling defendant’s deposition in a commercial foreclosure action.
  • Miccosukee Tribe of Indians of Fla. v. Lewis, 146 So. 3d 43 (Fla. 3d DCA 2013) (Table). Represented defendants/respondents.  Petition of writ of certiorari seeking review of order denying motion for leave to amend.
  • Miccosukee Tribe of Indians of FL v. Lewis, 123 So. 3d 575 (Fla. 3d DCA 2013) (Table). Represented defendants/respondents. Petition of writ of certiorari seeking review of order adopting Special Master’s Report and Recommendation regarding discovery of written statements.
  • Miccosukee Tribe of Indians of Florida v. Lewis, 122 So. 3d 504 (Fla. 3d DCA 2013) (Table). Represented the defendants/respondents.  Petition of Writ of Certiorari was untimely filed because mail-days do not extend the time for filing a petition.
  • Miccosukee Tribe of Indians of Florida v. Lewis, 121 So. 3d 559 Fla. 3d DCA 2013) (Table). Represented defendants/respondents. Petition for writ of certiorari seeking review of order regarding depositions.
  • Miccosukee Tribe of Indians of Florida v. Lewis, 119 So. 3d 1262 (Fla. 3d DCA 2013) (Table). Represented defendants/respondents. Petition for writ of certiorari seeking review of order imposing sanctions for discovery.
  • Llanes v. Condotte America, Inc., 115 So. 3d 1006 (Fla. 1st DCA 2013) (Table). Represented defendant/appellee employer Condotte America.  Appeal of a worker’s compensation order denying claim for compensation as untimely.
  • Vines v. Agriflora Corp., 141 So. 3d 562 (Fla. 1st DCA 2013) (Table). Represented appellee/defendant worker’s compensation carrier AIG. Appeal of a worker’s compensation order enforcing a mediated settlement agreement.
  • Bone & Joint Treatment Centers of America v. HealthTronics Surgical Services, Inc., 114 So. 3d 363 (Fla. 3d DCA 2013) (Table). Represented plaintiff/appellant Bone & Joint. Appeal of an order reforming a contract and dismissing claims for breach of fiduciary duty and fraud.
  • Lopez v. A. Duda & Sons, Inc., 109 So. 3d 1277 (Fla. 1st DCA 2013). Represented defendant/appellee employer. Appeal of a worker’s compensation order denying compensation because employee was capable of sedentary employment.
  • Pine Island Ventures v. LSREF2 Chalk 2, LLC, 109 So. 3d 218 (Fla. 4th DCA 2013) (Table). Represented appellee/plaintiff LSREF2 Chalk 2. Appeal from a non-final order appointing a receiver in a commercial foreclosure action.
  • Bedwell v. Rucks, 127 So. 3d 533 (Fla. 4th DCA 2012). Represented appellants/defendants. Appeal of an order denying motion to transfer venue to the county where the Fraudulent Transfer Act claim accrued.
  • Schofield v. Wells Fargo Bank, N.A., 95 So. 3d 1051 (Fla. 5th DCA 2012. Represented appellee/plaintiff Wells Fargo. Appeal of a final foreclosure judgment challenging the adequacy of service of process.
  • Spencer v. EMC Mortg. Corp., 97 So. 3d 257 (Fla. 3d DCA 2012). Represented defendant/appellant Spencer. Appeal from a final judgment of foreclosure asserting the case should have been dismissed for lack of prosecution.
  • Earl Colvard, Inc. v. Abrams ex rel. Estate of Izaguirre, 95 So. 3d 218 (Fla. 1st DCA 2012) (Table). Represented appellant/defendant employer Earl Colvard. Appeal from a worker’s compensation order granting worker’s compensation claim.
  • Akande v. Balfour Beatty Const., Ltd., 91 So. 3d 938 (Fla. 3d DCA 2012). Represented plaintiff/appellant Akande. Appeal from an order denying recognition of a foreign money judgment.
  • Collazo v. Bank of America Nat. Ass'n, 90 So. 3d 284 (Fla. 2d DCA 2012) (Table). Represented appellee/plaintiff Bank of America. Appeal from a final foreclosure judgment.
  • Spitznagel v. RL REGI-FL Italia, LLC, 108 So. 3d 1097 (Fla. 2d DCA 2012) (Table). Represented appellee/plaintiff RL REGI-FL. Appeal from an order denying objections and motion to set aside foreclosure sale.
  • Castelo Development, LLC v. U.S. Bank N.A., 85 So. 3d 497 (Fla. 4th DCA 2012) (Table). Represented appellee/plaintiff U.S. Bank. Appeal from an order denying Rule 1.540(b) motion to set aside final foreclosure judgment.
  • Wells Fargo Bank, N.A. v. Cruz, 79 So. 3d 39 (Fla. 5th DCA 2012) (Table). Represented appellant/plaintiff Wells Fargo. Appeal of an order staying a foreclosure sale.
  • Barr v. Wells Fargo Bank, N.A., 75 So. 3d 1251 (Fla. 2d DCA 2011) (Table). Represented appellee/plaintiff Wells Fargo. Appeal of a final foreclosure judgment.
  • Spievack v. Provident Life and Acc. Ins. Co., 75 So. 3d 291 (Fla. 4th DCA 2011) (Table). Represented appellee/defendant Provident Life. Appeal of a judgment in favor of disability insurer on claim for lifetime disability benefits.
  • Decocq v. Deutsche Bank Nat. Trust Co., 66 So. 3d 1084 (Fla. 5th DCA 2011). Represented appellee/plaintiff Deutsche Bank. Appeal from a final foreclosure judgment challenging the adequacy of service of process.
  • Greco v. Wells Fargo Bank, N.A., 63 So. 3d 763 (Fla. 2d DCA 2011) (Table). Represented appellee/plaintiff Wells Fargo. Appeal from order denying Rule 1.540(b) motion to set aside foreclosure judgment.
  • Forero v. Wells Fargo Bank, N.A., 65 So. 3d 526 (Fla. 3d DCA 2011) (Table). Represented appellee/plaintiff Wells Fargo. Appeal from a final foreclosure judgment.
  • State Farm Florida Ins. Co. v. Puig, 62 So. 3d 23 (Fla. 3d DCA 2011). Represented petitioner/appellee State Farm. Appeal of an order allowing discovery of attorney work product and attorney-client privilege in a first part bad faith action.
  • Genovese v. Provident Life and Accident Ins. Co., 74 So. 3d 1064 (2011). Represented amicus State Farm in an appeal regarding the applicability of attorney-client privilege in first party bad faith cases.
  • Bruce v. Sentinel Property Management, LLC, 53 So. 3d 1230 (Fla. 4th DCA 2011). Represented appellee/defendant Sentinel Property Management. Appeal of an order granting summary judgment because absentee owner did not owe a duty to contractor’s injured employee.
  • King v. Yahinian, 72 So. 3d 768 (Fla. 4th DCA 2011) (Table). Represented Annie Yahinian and Britt Head in the appeal of a final order granting their motion to enforce a settlement and dismissing the action with prejudice. The Fourth District Court of Appeal per curium affirmed.
  • David Newman v. The Equitable Life Assurance Society of the United States, 46 So. 3d 1011 (Fla. 3d DCA 2010) (Table). Represented appellee/defendant The Equitable.  Appeal of order dismissing breach of insurance contract for failure to substitute personal representative for plaintiff.
  • Stoppa v. Bal Harbour Village, et al, 385 Fed. Appx. 932, 2010 WL 2667373 (11th Cir. 2010) (unpublished disposition). Represented defendant/appellee Sussco, Inc. Appeal of order dismissing action to set aside state court judgment for lack of standing.
  • Creative Builders Corp. and By the Sea, LLC v. Larry F. Witte, 33 So. 3d 839 (Fla. 4th DCA 2010). Represented plaintiff/appellee Larry Witte. Appeal of final judgment awarding an equitable lien and constructive trust on real property to personal representative of the estate.
  • Carniello v. Second Horizons Condominium Ass'n, Inc., 34 So. 3d 86 (Fla. 3d DCA 2010). Represented defendant/appellant Carniello. Appeal of final judgment in favor of condominium association for failure to pay special assessment.
  • Heritage Corp. of South Fla. v. National Union Fire Ins. Co. of Pittsburgh, PA., 361 Fed. Appx. 986, 2010 WL 227578 (11th Cir. 2010) (unpublished disposition). Represented defendant/appellee National Union. Appeal of summary judgment in a first-party bad faith action.
  • Demelus v. King Motor Company of Fort Lauderdale, 24 So. 3d 759 (Fla. 4th DCA 2009). Represented defendant/appellee King Motor. Appeal of summary judgment holding dealership did not owe a duty of care to general driving public to prevent unforeseeable theft of vehicle.
  • Houck v. Tarragon Management, Inc., 4 So. 3d 73 (Fla. 1st DCA 2009). Represented defendant/appellee Tarragon Management.  Represented employer and carrier. Appeal of order denying worker’s compensation benefits because employee was not a traveling employee or in the course and scope of employment at the time of the accident.
  • Jacques v. Equitable Life Assurance Society of the United States, 972 So. 2d 265 (Fla. 4th DCA 2008). Represented defendant/appellee Equitable. Appeal of final judgment denying claim for disability benefits finding handwritten notations on preprinted application did not increase benefits.
  • Omni National Bank v. Georgia Banking Co., 951 So. 2d 1006 (Fla. 3d DCA 2007). Motion to intervene to assert right to the property at issue.
  • Provident Life and Accident Insurance Co. v. Genovese, 943 So. 2d 321 (Fla. 4th DCA 2006). Represented amicus curiae Defense Research Institute. Applicability of attorney-client privilege in a bad faith action.
  • Heritage Corp. of South Fla. v. National Union Fire Ins. Co. of Pittsburgh, PA., 255 Fed. Appx. 478, 2007 WL 4142788 (11th Cir. Nov. 23, 2007). (unpublished disposition). Dismissal of a bad faith claim for failure to state a cause of action.
  • Whitney Information Network, Inc. v. Council of Better Business Bureaus, Inc., 957 So. 2d 119 (Fla. 4th DCA 2007). Review sought in the Florida Supreme Court (SC07-1146), and following relinquishment of jurisdiction, 969 So. 2d 1157 (Fla. 4th DCA 2007). Certiorari review of an order denying discovery.
  • Hernandez v. Monsanto, 921 So. 2d 11 (Fla. 3d DCA 2005). Dismissal for failure to prosecute.
  • J.W. Rolle Dev. Corp. v. Neuman, 910 So. 2d 349 (Fla. 4th DCA 2005). Contractor’s claim of lien and fraudulent liens.
  • Hansen v. State, 898 So. 2d 201 (Fla. 2d DCA 2005). Pro bono criminal appeal on the issue of reverse “castle doctrine” jury instructions.
  • State Farm Fire & Cas. Co. v. Sosnowski, 836 So. 2d 1099 (Fla. 5th DCA 2003). Transfer of venue due to forum non conveniens.
  • Corin v. Goldberg, 829 So. 2d 943 (Fla. 3d DCA 2002). Breach of partnership agreement.
  • D’Angelo v. Orkin Extermination Co., Inc., 826 So. 2d 413 (Fla. 4th DCA 2002). Sufficiency of the evidence of permanent injury in an automobile collision case.
  • Medical Management Group of Orlando, Inc. v. State Farm Mut. Auto. Ins. Co., 811 So. 2d 705 (Fla. 5th DCA 2002). Patient broker’s entitlement to payment of PIP benefits.
  • National Union Fire Ins. Co. v. Estate of Meyer, 823 So. 2d 130 (Fla. 4th DCA 2001). Sufficiency of notice to a creditor of the administration of an estate.
  • Ford Motor Co. v. Smith, 821 So. 2d 1084 (Fla. 3d DCA 2000). Pro hac vice admission of a corporation’s national counsel.
  • Juno Marine Agency, Inc. v. Taibl, 761 So. 2d 373 (Fla. 3d DCA 2000). Supplementing maritime remedies with Florida’s Wrongful Death damages and the availability and appropriateness of punitive damages in a maritime action.
  • Duarte v. Royal Caribbean Cruise, Ltd., 761 So. 2d 367 (Fla. 3d DCA 2000). Seaman’s entitlement to maintenance and cure when injured while on medical leave.
  • Caple v. Tuttle’s Design-Build, Inc., 753 So. 2d 49 (Fla. 2000). Constitutionality of Florida’s commercial foreclosure statute.
  • Costa Crociere, S.P.A. v. Garcia, 748 So. 2d 369 (Fla. 3d DCA 2000). Juror bias.
  • Seifert v. U.S. Home Corp., 750 So. 2d 633 (Fla. 1999). Enforcement of an arbitration provision in a home building contract in a wrongful death case.
  • Kloster Cruise Ltd. v. Igac, 741 So. 2d 1215 (Fla. 3d DCA 1999). Spoliation of evidence.
  • Atkin v. Tittle & Tittle, P.A., 730 So. 2d 376 (Fla. 3d DCA 1999). Real estate attorney’s duty to advise property purchaser/client of zoning restrictions.

Recognition

  • AV Rated by Martindale-Hubbell
  • Board Certified in Appellate Practice by The Florida Bar
  • Selected for inclusion in The Best Lawyers in America, Appellate Practice (2019)
  • Francis Deak Award for the best student written article on an international law topic published in the United States (1995-1996)

Professional and Community Involvement

  • The Florida Bar
    • Appellate Practice Section
  • American Bar Association
    • Appellate Practice Section, Litigation Section
  • Dade County Bar Association
    • Appellate Practice Section
  • Defense Research Institute
    • Appellate Advocacy Committee
  • Legal Services of Greater Miami, Inc.
    • Board of Directors (2010-2016)

Pro Bono

  • 2014-2015 Former U.S. Attorney General Holder’s Clemency Project.  Limited pro bono representation for the purpose of obtaining and reviewing documents relating to certain inmates federal drug convictions to evaluate whether she or he meets the eligibility requirements to seek executive clemency.
  • James v. Florida State Oriental Medical Association, Inc., 994 So. 2d 1108 (Fla. 3d DCA 2007). Breach of fiduciary duty, conversion and civil theft by former president of not-for-profit organization.
  • Florida State Oriental Medical Association, Inc. v. Slepin, 971 So. 2d 141 (Fla. 1st DCA 2007). Former president of not-for-profit organization lacked actual and apparent authority to bind corporation.
  • Hansen v. State, 898 So.2d 201 (Fla. 2d DCA 2005). Successfully argued for reversal for a new trial based on an improper Castle Doctrine instruction.

Credentials

Education
  • Nova Southeastern University Shepard Broad Law Center (J.D., summa cum laude, 1997)
  • Boston University (M.Ed., summa cum laude, 1979)
  • University of Maine (B.A., 1975)
Bar Admissions
  • Florida
Board Certifications
  • Appellate Practice
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Ninth 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
  • Florida State Courts

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