Mark N. Miller Attorney At Law

Mark’s practice is focused on the area of commercial litigation, including general business litigation, and probate and trust litigation. He has represented clients in both state and federal courts and has extensive jury trial experience. In addition, he has represented many local governments in the state of Florida on a wide variety of issues, including sign code/First Amendment litigation, annexation disputes, utility and franchise disputes, and civil rights litigation.

Mark is Board Certified in Business Litigation by The Florida Bar. He was admitted to The Florida Bar in November 1977 and is licensed to practice in the U.S. District Court for the Middle District of Florida, the U.S. Court of Appeal for the 11th Circuit, and the U.S. Supreme Court.

• Education
  • University of Florida, B.A. (1973)
  • Memphis State University, J.D. (1977)
    • Law Review
    • Editorial Board of the Law Review
• Admissions
  • Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. Court of Appeals, 11th Circuit
  • U.S. Supreme Court
• Professional Associations and Memberships
  • The Florida Bar
    • Board Certified in Business Litigation
    • Business Litigation Certification Committee
    • Real Property, Probate and Trust Law Section
    • Probate and Trust Litigation Committee
    • Labor and Employment Law Section
    • City, County and Local Government Law Section
    • Trial Lawyers Section
  • Judicial Nominating Commission, Tenth Judicial Circuit (2014-2018)
• Civic

  Mark has served on numerous community boards, including the Lakeland Area Chamber of Commerce, the Learning Resource Center, Volunteers in Service to the Elderly and the Lakeland Regional Medical Center Foundation. He was an elected member of the Lakeland Downtown Development Authority, counsel for and member of the executive committee of the Lakeland Area Chamber of Commerce, and chair of the Government Foundation of Lakeland Vision.

• Awards and Recognitions
  • AV Preeminent® rated by Martindale-Hubbell
  • Best Lawyers in America, 2016-2023
    • Commercial Litigation
• Reported Cases

  Florida District Courts of Appeal

  • Winter Haven Citrus Growers Assn. v Campbell and Sons Fruit Co., 773 So.2d 96 (Fla. 2d DCA 2000)
  • Bielling v. E.R. Jahna Industries, Inc., 788 So.2d 387 (Fla 2d DCA 2001)
  • Doe ex rel. Doe v Publix Super Markets, Inc., 814 So.2d 1249 (Fla. 2d DCA 2002)
  • Moransais v Jordan, 870 So.2d 177 (Fla. 2d DCA 2004)
  • Publix Super Markets, Inc. v. Wilder Corp. of Delaware, 876 So.2d 652 (Fla. 2d DCA 2004)
  • Strader v. Grothe, 906 So. 2d 1229 (Fla. 2d DCA 2005)
  • Jerue v. Holladay, 945 So.2d 589 (Fla. 2d DCA 2006)
  • Holladay v. Jerue, 970 So. 2d 831 (Fla. 2d DCA 2007)
  • Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So.2d 261 (Fla. 4th DCA 2007)(amicus brief)
  • MasTec, Inc. v. TJS, LLC, 979 So. 2d 285 (Fla. 2d DCA 2008)
  • Kirkland v. City of Lakeland, 3 So.3d 398 (Fla. 2d DCA 2009)
  • Brady v. Publix Super Markets, Inc., 3 So.3d 1251 (Fla. 2d DCA 2009)
  • Lennar Homes, LLC v. Priority Developers, Inc., 3 So. 3d 1255 (Fla. 2d DCA 2009)
  • Strader v. Carpenter's Crest Owners Ass'n, Inc., 44 So. 3d 591 (Fla. 2d DCA 2010)
  • McDonald v. Johnson, 83 So. 3d 889 (Fla. 2d DCA 2012)
  • Trevett v. Walker, 89 So.3d 998 (Fla. 3d DCA 2012)
  • Centerstate Bank Cent. Florida, N.A. v. Krause, 87 So. 3d 25 (Fla. 5th DCA 2012)

  
  11th Circuit Court of Appeal

  • Kissimmee River Valley Sportsman Assn v. City of Lakeland, 250 F.3d 1324 (11^th Cir. May 10, 2001)
  • Locke v. SunTrust Bank, 484 F.3d 1343 (11th Cir. 2007)
  • Jones v. City of Lakeland, 318 Fed.Appx. 730 (11th Cir. 2008)(Employment Litigation)
  • Nash v. Publix Super Markets, Inc., 417 F. App'x 879 (11th Cir. 2011)
  • Atheists of Florida v. City of Lakeland, et al, 2013 WL 1197772, --F.3d--  (11th Cir. Mar. 26, 2013)

  
  U.S. District Court

  • Lamar Advertising of Mobile, Inc. v City of Lakeland, 980 F.Supp 1455 (M.D.Fla. 1997)
  • Kissimmee River Valley Sportsman Assn v. City of Lakeland, 60 F.Supp.2d 1289 (M.D.Fla. 1999)
  • Speaks v. City of Lakeland, 315 F.Supp.2d 1217 (M.D.Fla. 2004)(Employment Litigation)
  • Action Outdoor Adver. JV, LLC v. City of Destin, 2005 WL 2338804 (N.D.Fla. 2005)
  • Locke v. SunTrust Bank, 2006 WL 923763 (M.D. Fla. 2006)(Employment Litigation)
  • Gonzalez v. City of Lakeland, 2006 WL 1319445 (M.D.Fla. 2006)
  • Johnson v. Young, 2006 WL680655 (M.D. Fla. 2006)
  • Shuck v. Clark, 2007 WL 676198 (M.D.Fla. 2007)(Employment Litigation)
  • Nash v. Publix Super Markets, Inc., 2010 WL 1253372 (M.D. Fla. 2010)
  • Diaz v. City of Lakeland, 2010 WL148728 (M.D. Fla. 2010)
  • Atheists of Florida v. City of Lakeland, et al, 779 F.Supp.2d 1330 (M.D. Fla. 2011)
  • Atheists of Florida v. City of Lakeland, et al, 838 F.Supp.2d 1293 (M.D. Fla. 2012)