Kimberly A. Mello - Greenberg Traurig LLP

Kimberly A. Mello

Listed in Best Lawyers since 2013
Phone: 813-318-5703

Kimberly A. Mello is a member of the firm's National Appellate Practice. She has briefed and argued dozens of appeals in state and federal court, including the Florida Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit, and Florida's District Courts of Appeal. In addition to focusing on appellate matters, Ms. Mello has extensive experience briefing complex legal issues at the trial court level during both the pre-trial and post-trial phases. She regularly consults with trial lawyers to develop legal strategies to ensure the best possible record is made in the event of appellate review. Ms. Mello has handled appeals and complex briefing on a broad range of substantive areas, with a particular emphasis in toxic torts; mass torts; class actions; environmental litigation; and business litigation.

Ms. Mello is listed in The Best of Lawyers of America for Appellate Practice. She has held numerous appellate leadership positions in various bar associations and other organizations. Ms. Mello is currently a Vice-Chair of the Appellate Advocacy Committee of the American Bar Association and a member of the Board of Trustees of the Florida Supreme Court Historical Society. She is a former member of the Executive Council of The Florida Bar's Appellate Practice Section, and is the former Chair of the Hillsborough County Bar Association's Appellate Practice Section.

Ms. Mello is also involved in the community serving on the Board of Directors of the Humane Society of Tampa Bay.

University of TampaBA 1990Stetson University College of LawJ.D. 1993
Humane Society of Tampa Bay, PresentFlorida Supreme Court Historical Society, 2008-PresentHillsborough County Bar AssociationAmerican Bar Association

Case History

Other Court Admissions
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida

Areas of Concentration
  • Final and non-final appeals
  • Dispositive motions
  • Post-trial motions
  • Extraordinary writs 
Significant Representations

  • USAmeriBank v. Sovereign Bank: Representing Sovereign Bank in an appeal of an eight-figure summary judgment entered in its favor. The case involves an action brought by a syndicated bank lending group against a blind participant to recover a multimillion-dollar setoff exercised against the bank group’s borrower.
  • Sierra Club, Inc., et al. v. U.S. Army Corps of Engineers, et al.: Briefed summary judgment motion on behalf of intervenor, Mosaic Fertilizer, LLC ("Mosaic"), in an action filed by numerous environmental advocacy groups, including Sierra Club, challenging a permit issued by the United States Army Corps of Engineers ("Corps") under Section 404 of the Clean Water Act ("CWA"). The CWA permit authorized phosphate mining operations on land in Manatee County. The district court granted Mosaic's and the Corps' summary judgment motions deferring to the decision making power of the Corps and concluding that the environmental groups had not demonstrated that the Corps had not followed the mandates of the CWA or National Environmental Policy Act. 
  • Ferguson v. North Broward Hospital District: Obtained affirmance of summary judgment entered in favor of North Broward Hospital District in which former employee asserted that his right to intermittent leave under the Family Medical Leave Act had been improperly denied.
Part 2
  • Mosaic Fertilizer, LLC v. Van Fleet International Airport Development Group, LLC: Obtained affirmance of summary judgment entered in favor of Mosaic Fertilizer, LLC, in which Defendant sought damages in excess of $20 million based on claims arising out of an option to purchase real estate.
  • Career Education Corporation Class Action Proceedings: Briefed numerous motions to compel arbitration and stay proceedings in multiple putative class actions filed against Career Education Corporation and its subsidiaries. The Plaintiffs alleged that Defendants made misrepresentations to prospective students regarding the quality of education that they would receive and their post-graduate employment prospects, causing them to incur significant damages. The district court compelled arbitration pursuant to the arbitration provisions in the Enrollment Agreements in which Plaintiffs expressly agreed to arbitrate any claims arising out of or relating to their relationship with the school.
  • Mims Properties Investments, LLC v. Mosaic Fertilizer, LLC: Briefed summary judgment motion, which resulted in an order reducing damages by approximately $20 million. The district court found that under the economic waste doctrine, Plaintiffs were not entitled to restoration damages for alleged improper reclamation of formerly mined lands, but instead were limited to diminution in value.
Part 3
  • Sierra Club, Inc. v. United States Army Corps of Engineers: Obtained vacation of preliminary injunction entered against intervenor, Mosaic Fertilizer, LLC, which ceased its phosphate mining operations that were previously authorized pursuant to a Clean Water Act permit issued by the United States Army Corps of Engineers.
  • Curd v. Mosaic Fertilizer, LLC: Represented Mosaic Fertilizer, LLC in a putative class action for damages allegedly resulting from a release of approximately 65 million gallons of process water into Hillsborough Bay during Hurricane Frances. Obtained affirmance of dismissal of class action in the Second District Court of Appeal, which certified numerous issues to the Florida Supreme Court as questions of great public importance. The Florida Supreme Court held that only commercial fishermen could proceed with their claims, thereby limiting the putative class of persons who may have lost income as a result of the spill. See Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010)
  • Brancheau, et. al. v. Secretary of Labor, et. al.: Represented intervenor, Sea World Parks & Entertainment, LLC, in an appeal of an order dismissing Sea World’s claims for declaratory and injunctive relief. Sea World sought to enjoin Plaintiffs from publicly distributing a video showing a killer whale attack of a Sea World animal trainer during a performance.
Part 4
  • Town of Ponce Inlet v. Pacetta, LLC: Represented Town of Ponce Inlet involving a claim by Plaintiffs for deprivation of property rights under Florida’s Bert J. Harris Act. Following a lengthy trial, the circuit court entered an order which subjected the Town to a multimillion damages award based on the court’s finding that vested development rights had been created by equitable estoppel. The appellate court reversed and remanded to the trial court for further proceedings.
  • WrestleReunion, LLC v. Live Nation Television Holdings, Inc.: Represented Live Nation Television Holdings, Inc. in a case involving $22 million in damages arising from a grant of exclusive rights to market and distribute Plaintiff’s television programming. The Eleventh Circuit Court of Appeals affirmed the final judgment entered in favor of Live Nation Television Holdings, Inc.
  • Webster v. Body Dynamics, Inc.: Obtained affirmance of final judgment entered after a defense verdict. The case involved serious permanent injuries suffered by Plaintiff following a stroke he contended was caused by ingesting dietary supplements containing ephedrine.
  • Moore v. Fox Network: Member of defense team that defeated high-profile motion for temporary restraining order filed by college football fans seeking to compel Fox to renew re-broadcast agreement with Bright House cable network to air the Sugar Bowl on New Year’s Day.

Office Location

101 East Kennedy Boulevard, Suite 1900
Tampa, FL 33602
United States

Practice Areas

Appellate Practice