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Christine Davis Graves

Christine Davis Graves

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Overview

Christine Graves is an experienced appellate advocate, regularly handling all aspects of appellate litigation in state and federal courts. Christine concentrates her practice on complex commercial litigation, medical malpractice, personal injury, health care, products liability, constitutional litigation, and insurance coverage issues, including bad faith actions. She has represented large hospitals and other health care providers, corporations, insurance companies, manufacturers, and governmental entities, among others, in all of these areas.

In addition to her traditional appellate work, a large part of Christine's practice involves serving as appellate counsel before and at trial, through which she has logged countless courtroom hours. This work involves attending trial and assisting with general trial strategy, ensuring the record presrved for appeal, and drafting and arguing legal motions case dispositive motions, jury instructions, and post-trial motions.

Christine is board certified in Appellate Practice by The Florida Bar. She has repeatedly been listed in Florida Trend’s Florida Legal Elite and selected for inclusion in Florida Super Lawyers for Appellate Practice. She served as president of the First District Court of Appeal Inn of Court, and served for seven years as an elected member of the Board of Governors of The Young Lawyers Division of The Florida Bar. She is the managing shareholder of Carlton Fields' Tallahassee office. 

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Experience

  • Shands Jacksonville Med. Ctr. v. Pusha, No. 1D17-4634, 2018 W: 4042616 (Fla. 1st DCA Aug. 24, 2018).  Granting certiorari petition in medical malpractice case, holding that healthcare provider did not waive its right to a corroborating presuit expert affidavit when, before providing requested medical records, it sought to verify that the person requesting the records was legally entitled to receive them.
  • Zahoruiko v. Fed. Ins. Co., 717 F. App’x 50 (2d Cir. 2018).  Insurance coverage action, involving timely notification of claim to insurer under Director’s and Officer’s Liability policy.
  • Anapolsky v. Nat’l Union Fire Ins. Co. of Pittsburgh Pa., 707 F. App’x 949 (11th Cir. 2017). Provided trial support during week and a half trial and handled appeal in insurance coverage matter involving, among other things, applicability of contractual liability exclusion.
  • Brownsville Manor, LP v. Redding Dev. Partners, LLC, 224 So. 3d 891 (Fla. 1st DCA 2017).  Bid protest relating to affordable housing tax credits; interpretation of Request for Applications.
  • Arizona Chem. Co., LLC v. Mohawk Indus., Inc., 197 So. 3d 99 (Fla. 1st DCA 2016). Obtained reversal of $15 million award of prejudgment interest based on improper accrual date.
  • Goodwin v. Dep’t of Children & Families, 194 So. 3d 1042 (Fla. 1st DCA 2016).  Ability to deduct pre-eligibility nursing home expenses in calculating Medicaid payment.
  • Goodwin v. Agency for Health Care Admin., 194 So. 3d 1041 (Fla. 1st DCA 2016).  Class certification.
  • Arizona Chem. Co., LLC v. Mohawk Indus., Inc., 193 So. 3d 95 (Fla. 1st DCA 2016). Provided trial support during three-week jury trial and handled appeal in complex breach of warranty dispute involving more than $100 million in claimed damages.
  • Morris v. Muniz, 189 So. 3d 348 (Fla. 1st DCA 2016). Dismissal of medical malpractice lawsuit for failure to comply with statutory presuit notice requirements.
  • Companion Prop. & Cas. Ins. Co. v. Category 5 Mgmt. Group, LLC, 189 So. 3d 905 (Fla. 1st DCA 2016). Applicability of contingency fee multiplier to attorney’s fee award in insurance coverage dispute.
  • Langley v. Nursecore Mgmt. Corp., 183 So. 3d 359 (Fla. 2d DCA 2015). Medical malpractice action involving obligation of nurse employed by home health agency to carry epi-pens.
  • Shands Teaching Hosp. & Clinics, Inc. v. Estate of Lawson, 175 So. 3d 327 (Fla. 1st DCA 2016), review granted, SC16-1827. Whether lawsuit involved claim for ordinary negligence or medical malpractice, requiring compliance with presuit notice requirements.
  • Carvelli v. Marchand, 166 So. 3d 797 (Fla. 4th DCA 2015). Provided trial support during jury trial and handled appeal in medical malpractice action involving nursing obligations.
  • O’Neil v. Walton Cty., 149 So. 3d 699 (Fla. 1st DCA 2014). Challenge to development order approving planned unit development.
  • Evanston Ins. Co. v. Design Build Interamerican, Inc., 569 F. App’x 739 (11th Cir. 2014). Insurance coverage under Commercial General Liability policy.  Interpretation of employer liability and separation of insureds provisions.
  • Anapolsky v. Nat’l Union Fire Ins. Co., (S.D. Fla. Sept., 26, 2013). Provided trial support during jury trial involving large claim under Directors and Officers insurance policy.
  • Kearney v. Kearney, 129 So. 3d 381 (Fla. 1st DCA 2013). Validity of post-nuptial agreement; valuation of closely held corporation; prejudgment interest; attorneys’ fees.
  • Whitney Nat’l Bank v. Golf Strategies, LLC, 125 So. 3d 985 (Fla. 2d DCA 2013). Action on promissory note reformation; bankruptcy.
  • Rhea v. District Bd. of Trustees of Santa Fe College, 109 So. 3d 851 (Fla. 1st DCA 2013). Public records disclosure; Family Educational Rights & Privacy Act.
  • Citrus Mem’l Health Foundation, Inc. v. Citrus Cty. Hosp. Bd., 108 So. 3d 675 (Fla. 1st DCA 2013).  Constitutionality of special law relating to hospital governance.
  • Graham v. Haridopolos, 108 So. 3d 597 (Fla. Jan. 31, 2013). Constitutionality of Legislature’s ability to set tuition and fees for state universities.
  • RTI Biologics, Inc. v. Lexington Ins. Co. (Fla. Cir. Ct. 2011-2016). Large commercial insurance coverage dispute for alleged mass tort.
  • InteliStaf Healthcare, Inc. v. Gervato, 91 So. 3d 267 (Fla. 1st DCA 2012).  Medical malpractice; scope of new trial.
  • Fitchner v. LifeSouth Cmty. Blood Centers, Inc., 88 So. 3d 269 (Fla. 1st DCA 2012). Medical malpractice; appeal relating to presuit notice for blood banks and legal causation.
  • Swenson v. Am. Ammunition, 78 So. 3d 736 (Fla. 4th DCA 2012). Forum selection; products liability.
  • Fla. Dep’t of Fin’l Servs. v. National Union Fire Insurance Co. (N.D. Fla. Mar. 7, 2012). Insurance coverage dispute involving large claim under Directors & Officers insurance policy.
  • McKesson Medication Mgmt., LLC v. Slavin, 75 So. 3d 798 (Fla. 3d DCA 2011). Medical malpractice; duty of care owed by pharmacy services provider to hospital patient.
  • N. Pointe Cas. Ins. Co. v. Arden Ins. Assoc., Inc., 75 So. 3d 798 (Fla. 4th DCA 2011). Renewal of insurance policy; construction of additional insureds provision.
  • Phillips Capital, Inc. v. Crestview, LLC, 492 F. App’x 948 (11th Cir. 2012). Rights and obligations under contract.
  • Galencare, Inc. v. Mosley, 59 So. 3d 138 (Fla. 2d DCA 2011).  Whether presuit notice required for claim against pharmacists.
  • Arbor Prop., Inc. v. Lake Jackson Protection Alliance, Inc., 51 So. 3d 502 (Fla. 1st DCA 2010). Challenge to development order’s consistency with comprehensive plan.
  • Council for Secular Humanism, Inc. v. McNeil, 44 So. 3d 112 (Fla. 1st DCA 2010). Applicability of no aid provision of Florida Constitution.
  • President’s Council of SD, Inc. v. Walton County, 36 So. 3d 764 (Fla. 1st DCA 2010). Challenge to development order’s consistency with comprehensive plan.
  • Fla. Power & Light Co. v. Fla. Public Serv. Comm’n, 31 So. 3d 860 (Fla. 1st DCA 2010).  Public records; confidentiality exception.
  • Villa Capri Assoc., Ltd. v. Fla. Housing Fin. Corp., 23 So. 3d 795 (Fla. 1st DCA 2009).  Fairness of administrative hearing; right to records.
  • Harper Mech., LLC v. Hunt Constr. Group, 23 So. 3d 772 (Fla. 5th DCA 2009). Construction payment dispute.
  • Creative Choice XXV, Ltd. v. Fla. Housing Fin. Corp., 991 So. 2d 899 (Fla. 1st DCA 2008). Agency interpretation of statute.
  • McCalister v. School Bd. of Bay County, 971 So. 2d 1020 (Fla. 1st DCA 2008). Constitutional and statutory authority of school superintendents.
  • LifeSouth Cmty. Blood Centers, Inc. v. Fitchner, 970 So. 2d 379 (Fla. 1st DCA 2007). Medical malpractice; presuit notice.
  • Miami-Dade School Board et al. v. King, as President of Fla. Senate et al., 940 So. 2d 593 (Fla. 1st DCA 2006). Constitutional challenge to method of distributing state education funds.

Representative Amicus Briefs

  • Harvey v. Geico Ins. Co., Case No. SC17-85 (Fla.).  Scope of bad faith liability in Florida.
  • Dep’t of Rev. v. DirecTV, Inc., 215 So. 3d 46 (Fla. 2017).  Constitutionality of state sales tax provision providing differential rates to service providers.
  • The Fla. Bar re Advisory Opinion – Scharrer, 176 So. 3d 1273 (Fla. 2015). Whether certain activities by in-house counsel not licensed in the state constitutes the unauthorized practice of law.
  • DirecTV, Inc. v. Dep’t of Rev., No. 1D13-5444, 2015 WL 3622354 (Fla. 1st DCA June 11, 2015). Constitutionality of sales tax provision providing differential rates to service providers.
  • Bondi v. Tucker, 93 So. 3d 1106 (Fla. 1st DCA 2012). Constitutionality of prison privatization legislation.
  • Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011). Constitutional validity of growth management statute; whether governor or individual legislators are proper parties to lawsuit challenging statute’s constitutionality.

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12.15.2016









Recognition

  • Phi Delta Phi, Honorary International Legal Fraternity
  • Selected for inclusion in Florida Super Lawyers, Appellate (2013-2018)
  • Selected for inclusion in Florida Trend’s Florida Legal Elite (2013-2018)

Professional & Community Involvement

  • Appointed by Governor Rick Scott to the Judicial Nominating Commission for the First District Court of Appeal (2016-2019)
  • The Florida Bar
    • Appellate Court Rules Committee
      • Vice Chair (2016-2017)
      • Member (2012-2018)
    • Board of Governors, Young Lawyers Division, Second Circuit
    • Elected Representative (2006-2013)
  • First District Court of Appeal Inn of Court 
    • President (2016-2017)
    • Executive Committee (2012-present)
    • Member (2008-present)
  • William H. Stafford Inn of Court 
    • Active member (2000-2016)
    • Alumni (2016-present)
  • Tallahassee Bar Association
    • Board of Directors (2017-present)
    • Board of Directors, Young Lawyers Section (2007-2009)
  • American Bar Association
    • Tort Trial & Insurance Practice
    • JD Appellate Judges Conference
  • Board of Directors, Tallahassee Museum of Natural History (2010-2014)

Speaking Engagements

  • Practicing Before The Florida Supreme Court seminar (June 7, 2018)
  • "Improper Arguments and Motions for Mistrial," Third Annual Appellate Forum for Trial Lawyers, Miami (October 23, 2015)
  • "Diversity in Law Firms/In-House Counsel," Florida Bar Young Lawyers Division Central Florida Diversity Symposium, Tallahassee, FL (May 9, 2014)
  • “Preparing for Oral Argument - A View from Both Sides of the Bench,” Tallahassee, FL (June 5, 2013)
  • Practicing Before the Florida Supreme Court seminar (2006-2012)
  • Statewide Summit, Funding Justice: The Campaign for Florida Courts, Miami (January 2009)

Pro Bono

  • Acevedo v. State, 218 So. 3d 878 (Fla. 2017).
  • Kelley v. State, 974 So. 2d 1047 (Fla. 2007).
  • Bush v. State, 945 So. 2d 1207 (Fla. 2006).
  • Van Loan v. Downey, 915 So. 2d 203 (Fla. 1st DCA 2005).
  • State v. Richardson, 915 So. 2d 86 (Fla. 2005).

Credentials

Education
  • Florida State University College of Law (J.D., with honors, 2002)
    • Executive Editor, Fla. State Univ. Law Review (2001-2002)
    • William H. Stafford American Inn of Court ​
  • Florida State University (B.S., 1999)
Bar Admissions
  • Florida
Board Certifications
  • Appellate Practice
Court Admissions
  • United States Supreme Court
  • Florida State Courts
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
Clerkships
  • Justice Charles T. Wells, Florida Supreme Court

Background

  • Law Clerk to The Honorable Charles T. Wells, Florida Supreme Court (2002-2004)

Disclaimer

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