Kathryn L. Ender

Partner

  • location icon Miami, FL
    2 Alhambra Plaza
    Suite 1110
    Coral Gables, FL 33134

Kathryn Ender is a partner in the Miami office of Lewis Brisbois and is a member of the Appellate Practice. Ms. Ender is a Florida Board Certified Specialist in Appellate Practice, and she has handled over 250 appeals in the Florida state courts and the United States Court of Appeals for the Eleventh Circuit.

Ms. Ender provides a unique perspective to litigation at the trial level by identifying and narrowing legal issues and offering strategic advice to ensure the record is well developed and preserved. As part of her litigation support practice, Ms. Ender prepares and argues dispositive motions, pre-trial motions in limine, jury instructions and post-trial motions. Ms. Ender also provides interlocutory appellate support, and handles proceedings seeking original and extraordinary relief. In addition, Ms. Ender concentrates on issues involving the service and enforceability of proposals for settlement at the state and federal levels.

Ms. Ender frequently presents and publishes on issues relevant to appellate litigation and enforceability of proposals for settlement. Ms. Ender is a member of the Florida Bar's Civil Procedure Rules Committee and is a co-chair of the Dade County Bar Association's Appellate Courts Committee.

Ms. Ender earned her Bachelor of Arts in Political Science from The Ohio State University in 2003 and her Juris Doctor from the American University Washington College of Law in 2007. Before entering private practice, Ms. Ender served as a law clerk to the Honorable Vance E. Salter at the Third District Court of Appeal of Florida. Prior to joining Lewis Brisbois, Ms. Ender worked for the largest insurance defense firm in Florida.

Certifications

Board Certified Specialist in Appellate Practice, The Florida Bar, June 2016-present

Publications

  • Joint Proposals for Settlement: A Case Study on Enforceability, Dade County Bar Association Bulletin, September 2018
  • Proposals for Settlement and the New Breed of Strict Construction, CSK Quarterly Newsletter, Winter 2016

Professional Presentations

  • Presenter, "Extraordinary Relief, Purpose and Use of Extraordinary Writs in the Florida Courts," Florida Trial Court Staff Attorneys Association, Annual Conference, September 7, 2018, Orlando, Florida
  • Presenter, "Proposals for Settlement: Exposing Hazards & Minimizing Risks . . . from the Eyes of Appellate Counsel," The Appellate Practice Section of The Florida Bar, Monthly Webinar CLE Seminar, April 17, 2018
  • Presenter, "Post-Trial Issues: Looking Back for One Final Stretch on Preservation and Looking Ahead to the Appeal," American Bar Association, Section on Litigation, Appellate Practice Committee Regional Seminar, April 28, 2017, Miami, Florida
  • Presenter, "Mandamus, Habeas, and Certiorari! Oh My! A Guide to Florida's Extraordinary Writ Petitions," Third District Court of Appeal Spring Seminar, March 10, 2017, Miami, Florida
  • Presenter, "Proposals for Settlement 2.0: Exposing Hazards and Minimizing Risks," CSK Biannual Claims Management Seminar, March 3, 2017, Orlando, Florida
  • Presenter, "Proposals for Settlement CLE Panel Discussion," Florida Association for Women Lawyers, Miami-Dade Chapter, Corporate Counsel Summit, February 24, 2017, Miami, Florida
  • Presenter, "Proposals for Settlement: Fee-Shifting Essentials and Safeguarding Entitlement," CSK Biannual Claims Management Seminar, April 2015, Orlando, Florida
  • Presenter, "Proposals for Settlement," In-House Client Seminar, August 2014, Tampa, Florida

Admissions

  • State Bar Admissions
    • Florida
  • United States District Courts
    • United States District Court for the Southern District of Florida
  • United States Courts of Appeals
    • United States Court of Appeals for the Eleventh Circuit

Admissions

Florida

Associations

  • Civil Procedure Rules Committee, The Florida Bar, 2016-present
  • The Florida Bar Association
  • Dade County Bar Association
  • Florida Association for Women Lawyers, Miami-Dade Chapter
  • American Bar Association
  • Rosemary Barkett Appellate American Inns of Court (former Treasurer, 2010-2015)
  • Phi Delta Phi International Legal Honor Society (former Province X President (2007-2011) and Vice President (2011-2014)

Awards & Honors

Selected as a "Rising Star" in Appellate Practice, Florida Super Lawyers Magazine 2017, 2018

Education

American University, Washington College of Law

Juris Doctor, 2007

  • Member, Administrative Law Review
  • Certified Student Attorney, D.C. Law Students in Court
  • 2006 Recipient, Betty Southard Murphy Award in Dispute Resolution

The Ohio State University

Bachelor of Arts, 2003

Representative Matters

  • Patel v. Prudential Ins. Co. of Am., 2018 U.S. App. LEXIS 35408 (11th Cir. Dec. 18, 2018) (affirming summary judgment and holding that the insured permissibly assigned the death benefit proceeds of a life insurance to a bank as collateral)
  • Atlantic Civil, Inc. v. Swift, 43 Fla. L. Weekly D2253, 2018 Fla. App. LEXIS 13948 (Fla. 3d DCA Oct. 3, 2018) (holding that a proposal for settlement is invalid and unenforceable when it requires mutual acceptance by multiple offerees)
  • R. Randy Gonzalez v. Pacheco, 254 So. 3d 527 (Fla. 3d DCA 2018) (concluding that a joint proposal for settlement conditioned upon mutual acceptance deprived multiple offerees of their ability to independently evaluate and accept the proposal, making it invalid and unenforceable)
  • Brookie v. Winn-Dixie Stores, Inc., 213 So. 3d 1129 (Fla. 1st DCA 2017) (affirming final summary judgment in the defendants' favor, concluding that the condition was open and obvious and not inherently dangerous, and that a plaintiff has a duty to exercise reasonable care for his own safety)
  • Palm-Aire Holdings, LLC v. JRGS Invs., LLC, 3D15-2379 (Fla. 3d DCA Oct. 26, 2016) (affirming final judgment in favor of a managing member and disallowing plaintiff to pierce the corporate veil)
  • Cendejas v. K.C. Tile & Marble, Inc., 203 So. 3d 164 (Fla. 2d DCA 2016) (denying certiorari relief to third-party claiming Fifth Amendment Privilege)
  • De La Torre v. Flanigan's Enterprises, Inc., 187 So. 3d 330 (Fla. 4th DCA 2016) (affirming final judgment for defendant on the basis of Florida's Reverse Dram Shop Act)
  • Muirhead v. Peterson & Smith Equine Hosp., LLC, 198 So. 3d 638 (Fla. 5th DCA 2016) (affirming final judgment in favor of defendant after trial court granted judgment notwithstanding the verdict)
  • Gardner v. Rondon, 187 So. 3d 1256 (Fla. 4th DCA 2016) (affirming order enforcing settlement agreement after tender of insurance proceeds)
  • Martin v. Halifax Healthcare Sys., 621 Fed. Appx. 594 (11th Cir. 2015) (affirming order granting summary judgment in defendant's favor finding no violation of the ADA or Rehabilitation Act)
  • Brophy v. Jiangbo Pharmaceuticals, case no. 14-10213 (11th Cir. 2015) (affirming order of dismissal for failure to meet heightened pleading requirement of the Private Securities Litigation Reform Act, in Chinese Pharma Class Action litigation)
  • Dickerson Fla., Inc. v. Taylor Engineering, Inc., 177 So. 3d 253 (Fla. 1st DCA 2015) (final judgment in favor of defendant where plaintiff sought over $15 million in damages allegedly occurring during a dredging project)
  • Armour v. Hass, 190 So. 3d 109 (Fla. 4th DCA 2015) (issuing a writ of certiorari quashing the trial court's order permitting premature legal malpractice claim to proceed)
  • Lakeland Regional Med. Ctr. v. Rodriguez, 175 So. 3d 295 (Fla. 2d DCA 2015) (affirming administrative order entered pursuant to Florida's Birth Related Neurological Injury Compensation Act)
  • Rojas v. Buena Vista Concessions, Inc., 117 So. 3d 1109 (Fla. 5th DCA 2013) (affirming trial court's order dismissing plaintiff's action as a result of execution of an exculpatory agreement)
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