Kevin D. Franz, Senior Associate
Kevin D. Franz, Senior Associate

Kevin D. Franz

Senior Associate

Areas Of Practice

Kevin D. Franz is a Senior Associate with the firm’s Appellate Practice division. He has received the Martindale-Hubbell AV Preeminent® Peer Review Rating, and has more than 10 years of experience handling all types of civil appellate proceedings. Mr. Franz has handled appeals and petitions in all five district courts of appeal for the State of Florida and the Supreme Court of Florida, argued before all five district courts of appeal, and handled appeals in the United States Court of Appeals for the Eleventh Circuit.

Mr. Franz also has extensive experience in litigating and arbitrating maritime law disputes involving the cruise line industry under both the U.S. General Maritime Law and Bahamian Law.

Mr. Franz received his B.S. from the University of Maryland at College Park in 2001, and his J.D. from the University of Miami School of Law in 2005. He then clerked for the Honorable E. Allen Shepherd in the Circuit Court for Prince George’s County, Maryland before beginning his career in insurance defense with an emphasis on litigation support and appellate practice.

Mr. Franz is admitted to practice before the Florida Supreme Court, the five Florida District Courts of Appeal, the three United States District Courts in Florida, and the United States Court of Appeals for the Eleventh Circuit.

Admissions

  • Florida, 2005
  • Maryland, 2005
  • United States District Court, Southern District of Florida, 2007
  • United States District Court, Northern District of Florida, 2014
  • United States District Court, Middle District of Florida, 2012
  • United States Court of Appeals for the 11th Circuit, 2013

Awards & Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell

Memberships

  • The Florida Bar
    • Appellate Practice Section, 2010-present
    • Lawyers Advising Lawyers, Advisor, 2016-present
    • Professional Ethics Committee, 2018-present
  • Florida Defense Lawyers Association
  • The Fourth District Court of Appeal Historical Society

Representative Cases

  • Boyd & Jenerette obtained a final judgment on behalf of a major insurance carrier in a case involving exclusion of coverage under a “racing exclusion” for property damage caused while driving on a race track.  Attorney Jane Anderson successfully obtained Final Judgment in the trial court, and attorneys Kansas Gooden and Kevin Franz successfully convinced the Second District Court of Appeal to affirm the judgment.
  • Mr. Franz helped secure a reversal of a trial court’s non-final order compelling appraisal in a first-party property damage action.  The Third District Court of Appeal agreed that the insureds failed to fully comply with their post-loss obligations under a homeowner’s insurance policy; and as a result, they were not entitled to appraisal under the policy.
  • Following a trial in a property damage case arising out of a loss allegedly caused by Hurricane Wilma, Mr. Franz handled an appeal on behalf of a major insurance carrier in the Fourth District Court of Appeal.  The carrier argued that evidence about the homeowner’s medical issues was irrelevant and highly prejudicial to in the simple property damage case.  The appellate court reversed the verdict and remanded for a new trial agreeing that the insured’s health issue was irrelevant and prejudicially impacted the verdict.
  • Mr. Franz successfully convinced the Third District Court of Appeal to affirm entry of a summary judgment in favor of a rental apartment complex in a personal injury case brought by a resident who sought damages for an unsuccessful suicide attempt.  The appellate court held that the apartment complex had no custody or control over the tenant, and accordingly, owed no duty of care to prevent the tenant from attempting suicide by jumping out of a fifth floor window.
  • Mr. Franz handled an appeal of a premises liability action brought by an injured independent contractor of a tree stump removal company against a homeowner.  The plaintiff suffered severe injuries while removing a tree stump on the homeowner’s property and sued her for damages.  The homeowner obtained a summary judgment, which was affirmed on appeal because the homeowner held no control over the work performed by the tree stump company or its independent contractors.  Accordingly, the homeowner owed no duty as a matter of law.
  • Mr. Franz appealed a trial court order denying a motion to quash service of process for noncompliance with Florida statutory law.  The Fourth District Court of Appeal agreed that the plaintiff failed to strictly comply with the requirements under section 48.161, Florida Statutes to perfect substitute service of process and reversed and remanded the case.

Diana Peralta

Katie Belton

Education

  • B.S., University of Maryland at College Park, 2001
  • J.D., University of Miami School of Law, 2005

Publications

  • Author, The Impact of Typoes Typos In Proposals For Settlement, The Florida Bar’s Solo & Small Firm Section Newsletter – The LINK, Summer 2018

Comprehensive Services

Many cases overlap several areas of law. As a full service law firm, we are able to recognize how one legal discipline impacts another. We work as a team on complex issues that require knowledge of a variety of state and federal laws. This multi-disciplinary approach allows clients to receive the large-firm advantage of access to multiple attorneys in a wide scope of practice areas as well as the hands-on customer service offered by a boutique law firm. In addition to civil litigation, employment law, workers’ compensation defense, commercial law, construction law and appeals, our firm also handles professional liability claims.

Our bilingual staff is available to assist with immigration matters, including consular and removal defenses.