Kimbel L. Merlin
S. Cary gaylord

Kimbel L. Merlin-of counsel











Personal

Born in Gainesville, Florida.


Admitted to Practice

Florida, 1986.
U.S. District Court, Middle District of Florida, 1994.
U.S. District Court, Southern District of Florida, 2004.


Education

University of Florida College of Law
J.D., 1986. University of Florida Law Review, Member (1984-1986), Executive
Editor (1985-1986).


University of Florida
B.A., 1983. Phi Kappa Phi.
Member, Golden Key.


Publications

CLE Steering Committee for Florida Eminent Domain Practice & Procedure (1999-Present).


Co-Author, "Authority to Exercise Power," Chapter 2, Florida Eminent Domain Practice & Procedure (5th ed. Supp. 1999), (6th ed. 2003) (7th ed. 2008).


Author, "Don't Let the New Condemnation Laws Take You by Surprise," Petrogram (September/October 1999).


Author, "Don't Get Taken by a Government Taking," Petrogram (May/June 1999).


Co-Author, "The Critical Role of Experts in Creating a Legal and Practical Cost to Cure in Eminent Domain," American Bar Association Annual Meeting (1994).


Co-Author, "Contamination Stigma: Defending the Landowner Against the New Scarlet Letter in Eminent Domain," Institute on Planning, Zoning and Eminent Domain (1994).


Author, "Enhancement," Chapter 8A, Nichols on Eminent Domain (1991).


Author, "Right-of-Way Reservations," Chapter 17, Nichols on Eminent Domain (1990).


Author, "Maps of Reservation: Can Government Reserve Private Property for Future Public Use Without Payment of Compensation?" American Bar Association Annual Meeting (1990).


Co-Author, "Status of Right-of-Way Reservation - How Far Can the Government Go?" Southwestern Legal Foundation, Institute on Planning, Zoning and Eminent Domain (1989).


Presentations

Chair, Steering Committee on Eminent Domain Annual Judicial Conferences (July 1995, September 1995, September 1996 & July 2000).


"The Critical Role of Experts in Creating a Legal and Practical Cost to Cure in Eminent Domain," American Bar Association Annual Meeting (1994).


"Update on Florida Legislative Developments," Association of Eminent Domain Professionals (1994).


"Contamination Stigma: Defending the Landowner Against the New Scarlet Letter in Eminent Domain," Southwestern Legal Foundation Institute on Eminent Domain (1994).


"Apportionment of the Compensation Award Among Claimants," Hillsborough County Bar Association, Eminent Domain Seminar (1992).


"The Compensability of Severance Damages Based on Diminution of Access " & "The Art of Arguing the Law and Convincing the Jury in a Cutting Edge Condemnation Trial," American Bar Association Annual Meeting (1992).


"Enhancement: The Treatment of Benefi ts in a Valuation Trial," American Bar Association Annual Meeting (1991; 1990).


"Status of Right of Way Reservation - How Far Can the Government Go?" Southwestern Legal Foundation, Institute on Planning, Zoning and Eminent Domain, Annual (1989).


Reported Appellate Court Decisions

M&C Associates, Inc. v. State Dept. of Transp., 682 So. 2d 640 (Fla. 2d DCA 1996).


Caulk v. Orange County, 661 So. 2d 932 (Fla. 5th DCA 1995).


State Dept. of Transp. v. D.J.P. Associates, Inc., 640 So. 2d 1201 (Fla. 2d DCA 1994).


Reported Trial Court Decisions

State Dept. of Transp. v. Bill & Frank Enterprises, Inc., 7 Fla. L. Weekly Supp. 327 (Fla. 4th Cir. 1998).


State Dept. of Transp. v. Checkers Drive-In Restaurants, Inc., 6 Fla. L. Weekly Supp. 207 (Fla. 6th Cir. 1998).


State Dept. of Transp. v. Three Flags Properties, Inc., 5 Fla. L. Weekly Supp. 665 (Fla. 5th Cir. 1998).


State Dept. of Transp. v. Robbins & Robbins, Inc., 5 Fla. L. Weekly Supp. 223 (Fla. 7th Cir. 1997).


State Dept. of Transp. v. Cenland Associates, 5 Fla. L. Weekly Supp. 166 (Fla. 20th Cir. 1997).


Membership

Tampa Bay Magazine, "Best Attorney in Tampa Bay" (2008)


The Florida Bar (Member and Chair, 1993-1994, Eminent Domain Committee; Member, Environmental and Land Use Law Section).


American Bar Association (Chairman, Condemnation, Zoning and Land Use Committee, Litigation Section, 1992-1995; Newsletter Chairman, 1990-1992; Member, Condemnation Committee, Real Property, Probate and Trust Section; Urban, State and Local Government Law Section; Co-Chair, Program Evaluation and Utilization Committee, Section of Litigation, 1995-1998).


Hillsborough County Bar Association (Co-Chair, Eminent Domain Committee, 1997-1998; Member, Section on Trial Lawyers; Committees on Eminent Domain; Circuit Court Civil Rules; Education and Liaison; Young Lawyers).


Member, International Council of Shopping Centers.


Member, Florida Petroleum Marketers & Convenience Store Association, Inc.


AV-Rated, Martindale-Hubbell.


Florida Trend's, "Legal Elite," (2005, 2006, 2007, 2008 and 2009).


Best Lawyers in America, "Best Lawyer," (2006, 2007, 2008 and 2009).


Florida Super Lawyer, "Super Lawyer" (2006, 2007, 2008 and 2009).