Jonathan Gaines - Attorney at Law

333 S.E. 2nd Avenue
Suite 3200
Miami, Florida 33131

P 305-416-6880
F 305-416-6887

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Biography

Jonathan focuses his practice on appellate and trial support, entertainment and intellectual property litigation, construction litigation, and business litigation. Jonathan has extensive appellate and trial support experience in state and federal courts, including all district courts in Florida and the Florida Supreme Court, and the 11th Circuit Court of Appeals, covering a wide range of subjects, including insurance coverage issues, environmental torts, seamen's claims, personal injury claims, estates and trusts, construction defects, mortgage foreclosures and receivership actions.

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Background

Jonathan was born in Newburgh, New York, and was raised in South Florida. Jonathan attended Vanderbilt University, where he graduated in 1978 with a degree in English. He then attended the University of Florida College of Law, attaining his juris doctor degree with honors in 1981. Jonathan has been a practicing attorney in South Florida since 1981. He served as a judicial law clerk to the Honorable Joseph Nesbitt at the 3rd District Court of Appeal.

Education
  • Vanderbilt University, B.A. (1978)
  • University of Florida, J.D. (honors, 1981)
    • University of Florida Law Review, Board Member
Admissions
  • Florida
  • Federal Bar for the Southern and Middle Districts of Florida
  • U.S. Court of Appeals, 11th Circuit 
Professional Associations & Memberships
  • The Florida Bar
    • Appellate Practice Section
Articles & Publications
  • “Application of the Oral Admissions Exception to the U.C.C. Statute of Frauds,” 32 University of Florida Law Review 486, 1980
Reported Cases
  • Continental Casualty Co. v. Ryan Inc. Eastern, 974 So. 2d 368 (Fla. 2008) (obtained Florida Supreme Court reversal of district court decision that had imposed statutory attorney's fees on a general liability insurer in favor of surety)
  • Dooley and Mack Constructors, Inc. v. Developers Sur. and Indem. Co., 972 So. 2d 893 (Fla. 3d DCA 2007) (reversal of trial court ruling that had barred the general contractor's recovery against construction surety based on purported improper notice)
  • State Farm Florida Ins. Co. v. Lorenzo, 969 So. 2d 393 (Fla. 5th DCA 2007) (successful petition for certiorari, vacating trial court decision that had applied confession of judgment doctrine to the insurer's payment property damage claim)
  • LeFave v. Bordonaro, 975 So. 2d 470 (Fla. 2d DCA 2007) (reversal of personal injury award and new trial ordered based on improper inflammatory comments of plaintiff's counsel during argument to jury)
  • State Farm Mut. Auto. Ins. Co. v. Revuelta, 901 So. 2d 377 (Fla. 3d DCA 2005) (obtained reversal and remand for a new trial based on cumulative prejudicial errors that denied the insurer a fair trial in a personal injury case)
  • Mirson v. Corradino Group, Inc., 751 So. 2d 699 (Fla. 3d DCA 2000) (reversal of trial court order that had stayed an arbitration proceeding in a employee-employer dispute)
  • Norwest Bank Owatonna, N.A. v. Millard, 522 So. 2d 546 (Fla. 4th DCA 1988) (reversal in mortgage foreclosure action that resulted in obtaining a deficiency judgment in favor of the mortgagee)
  • Fisher v. Shenandoah Gen. Const. Co., 498 So. 2d 882 (Fla. 1986) (Florida Supreme Court ruling that alleged conduct of employer did not rise to the level of intentional wrongdoing necessary to amount to intentional tort outside the scope of worker compensation exclusivity)
  • Finlayson v. Broward County, 471 So. 2d 67 (Fla. 4th DCA 1985) (reversal of trial court decision that had denied accumulated overtime pay to county-employed paramedics)
  • Selected Risks Ins. Co. v. White, 447 So. 2d 455 (Fla. 4th DCA 1984) (certiorari granted in petition concerning evidentiary issues related to work product and accident investigation privilege)
  • In re Estate of Pendrys, 443 So. 2d 402 (Fla. 4th DCA 1984) (reversal of trial court decision that had determined that the homestead status of a property had been lost due to abandonment)
  • Gonzalez v. Sea Air Tower Restaurant, 417 So. 2d 737 (Fla. 1st DCA 1982) (reversal of workers’ compensation decision that had denied benefits without supporting competent substantial evidence)
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