Carol M. Rooney

Carol M. Rooney: Attorney with Butler Weihmuller Katz Craig AV stamp icon
Attorney Awards

Biography

A Partner at Butler, Carol is a Board Certified Specialist in Appellate Practice by The Florida Bar and is an AV peer-rated attorney by Martindale-Hubbell. She focuses her practice on handling complex Civil Appeals in federal and state courts in Florida and throughout the U.S.

Carol has practiced with Butler since 1998. She is a member of the Florida Bar and is admitted to practice in all state courts in Florida as well as the United States District Courts for the Southern, Middle, and Northern Districts of Florida and the United States Court of Appeals for the Eleventh Circuit, Eighth Circuit, and the Second Circuit. She is a member of the American Bar Association, the Hillsborough Bar Association, the Defense Research Institute, and the Claims and Litigation Management Alliance. She is also a member of the Florida Defense Lawyers Association where she serves as Chair of FDLA’s Women in Law Committee.

Carol has authored articles on a variety of topics in multiple publications. She also lectures and participates in educational seminars on issues impacting insurance professionals.

Carol is a graduate of the University of South Florida and Stetson University College of Law. At Stetson, she served as a federal judicial intern to the Honorable Elizabeth Kovachevich, Chief Judge of the Middle District of Florida. Prior to joining Butler, Carol was a Staff Attorney to the judiciary of the Ninth Judicial Circuit for Orange and Osceola Counties, Florida.

Recognitions

•Board Certified in Appellate Practice

Publications

September 20, 2017 PUBLICATION Florida Insurance Litigation (2017 Edition)

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to knowledge and strategy on every aspect of insurance practice in Florida. The publication concisely presents the terms, conditions and exclusions that govern coverage offered against the risks under each line of insurance. This approach provides a comprehensive exploration of key concepts, policy language and insight for litigation of common and esoteric disputes under those policies. Each chapter also provides task-oriented checklists, examples, strategic points, and cross-references to governing statutory and case law.

January 10, 2017 PUBLICATION DON’T WIN THE BATTLE AND LOSE THE WAR: PRESERVING ERROR FOR APPEAL (AND WHY YOU NEED AN APPELLATE LAWYER)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not preserved for appeal.

July 08, 2015 PUBLICATION But At Least You Can Recover Your Costs, Right? A Practitioner’s Guide to Appellate Costs in Florida - the Good, the Bad, and the Money

Even though the former husband obtained a credit of 1.2 million for post-judgment alimony as a result of his appeal, the appellate court found that, in the grand scheme of the case, the issue was relatively insignificant. As explained by the court, he was “merely given a credit” for amounts already paid and his obligations under the final judgment were not reduced.

September 01, 2012 PUBLICATION The 2012 Women’s Leadership Forum: Paying it Forward and Paying it Back

Inspiration to initiate improvement. That’s what attendees can expect to take away from the CLM’s 2012 Women’s Leadership Forum.

November 01, 2011 PUBLICATION If at First You Don’t Succeed, Should You Try Again?

This column is submitted on behalf of the Appellate Practice Section, Matthew J. Conigliaro, chair; Kristin A. Norse, editor, and Chris McAdams, Brandon Christian, and Bretton C. Albrecht, assistant editors.

June 23, 2011 PUBLICATION Recent Developments in Property Insurance Coverage Litigation

Tort Trial & Insurance Practice Law Journal (Winter 2011 •Volume 46:2). Copyright 2011 American Bar Association. All Rights Reserved. Reprinted by permission. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association

January 01, 2010 PUBLICATION The Learned Intermediary Doctrine: An Update

This article was original published in Trial Advocate Quarterly, a publication of the Florida Defense Lawyers Association, Volume 30, Number 1, Winter 2010. Reprinted with permission.

June 17, 2008 PUBLICATION Consequential Damages Under the Insurance Contract -- The New Bad Faith?

The ability of an insured to recover consequential damages under an insurance contract allegedly caused by failure or delays in the insurer making payments has traditionally been controversial. Jurisdictions have been divided in their approach as noted in the following annotation cited by the district court in Indiana

April 01, 2005 PUBLICATION Florida’s Supreme Court Finally Brings Clarity to the Economic Loss Rule

After years of confusing and contradictory rulings, Florida’s Supreme Court finally reigned in the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the Florida Supreme Court cogently limited the Economic Loss Rule. It held that the Economic Loss Rule does not bar a negligence action to recover solely economic damages where the defendant is not a product manufacturer or distributor. The Court also held that the Economic Loss Rule simply does not apply to any situation where there is no privity between the litigants.

PUBLICATION Recent Developments in Property Insurance Law

(Winter 2010 •Volume 45/2). Copyright 2009 American Bar Association. All Rights Reserved. Reprinted by permission. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Media

Webinars

January 11, 2019 WEBINARS All About Appellate - Webinar Series

Join Board Certified Appellate Attorney, Carol Rooney, as she presents her 2019 All About Appellate webinar series.

December 12, 2018 WEBINARS Webinar: 2018 Case Law Update

Join board certified appellate attorney, Carol Rooney, in her last session of the 2018 Appellate Webinar Series at 12:10 p.m. EST on December 12th. Carol’s webinar will review recent decisions of important case laws in Florida and Texas. Please join Carol for a lively and informative presentation on critical cases and developments in Florida and Texas law that you need to know. CE and CLE credits in Florida and Texas approved.

September 26, 2018 WEBINARS Appellate Issues at Trial - 2018 APPELLATE WEBINAR SERIES

Listen to Carol Rooney’s third installment of the 2018 Appellate Webinar Series, “Appellate Issues at Trial.” Carol covered common appellate preservation issues that occur pre, during and post-trial under Florida and Texas law. This webinar provided attendees with an overview of the means and methods of ensuring that critical issues are preserved for appeal.

June 13, 2018 WEBINARS Appellate Standards of Review - 2018 APPELLATE WEBINAR SERIES

Appellate Standards of Review Under Florida and Texas Law by Carol Rooney. This is the second webinar in her four-part 2018 Appellate Webinar Series.

March 28, 2018 WEBINARS Attorney’s Fees and Taxable Cost - 2018 Appellate Webinar Series

Watch as Partner Carol Rooney presents “Attorney’s Fees and Taxable Costs”, her first webinar of the 2018 Appellate Webinar Series. This webinar will provide a comprehensive overview of the legal authority and procedures for recovering attorney’s fees and taxable costs under Florida and Texas law in the trial and appellate courts.

December 19, 2017 WEBINARS Florida Case Law Update - Significant 2017 Cases and Trends

Join board certified appellate attorney, Carol Rooney, for her final webinar of the 2017 Appellate Webinar Series at 12:10 p.m. EST on December 19th. Carol’s webinar will be a case law update covering recent decisions of import in Florida and Texas. Please join Carol for a lively and informative presentation on critical cases and developments in Florida and Texas law that you need to know. CE and CLE credits in Florida and Texas pending.

September 20, 2017 WEBINARS The Art of Advocacy - Persuasive Writing and Oral Arguments

Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covers persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals. This course will provide the tips and tools to improve your ability to draft cogent legal documents and present compelling oral arguments. Continuing Education and Continuing Legal Education Credit are available for FL.

June 07, 2017 WEBINARS Extraordinary Writs: Certiorari, Prohibition and Mandamus

Extraordinary Writs: Certiorari, Prohibition and Mandamus. The ins and outs of appellate relief via an extraordinary writ will be covered by Carol in depth in her next webinar. Don’t miss it! Adjuster CE and Florida attorney CLE credits are pending.

March 29, 2017 WEBINARS Preservation of Error

Carol’s first webinar for the 2017 Appellate Webinar Series will cover preserving error for appeal in Florida state courts. Don’t win the battle and lose the war because of unpreserved error!

November 16, 2016 WEBINARS Federal Appeals and the Eleventh Circuit - the Essentials You Need to Know

Carol M. Rooney continues her webinar series.

September 14, 2016 WEBINARS Interlocutory Appeals and Extraordinary Writs - Obtaining Appellate Reviews Before Final Judgment

Carol M. Rooney continues webinar series.

March 23, 2016 WEBINARS Appellate Attorney’s Fees and Costs - Tips and Tools to Maximize Recovery

This webinar is the first of a four-part series presented by Carol M. Rooney in which she will provide useful and practical information on a variety of appellate issues. Each power-lunch session will last 30 minutes followed by live Q&A.

December 07, 2015 WEBINARS Don’t Win the Battle and Lose the War - An Appellate Tutorial on Preservation of Error

This webinar is designed to help claims professionals achieve finality when they resolve a claim. Preserving error in the trial court, by knowing and applying the basic rules of preservation of error, will help preserve your win on appeal.

Podcasts

June 13, 2018 PODCASTS Appellate Standards of Review - 2018 APPELLATE WEBINAR SERIES

Appellate Standards of Review Under Florida and Texas Law by Carol Rooney. This is the second webinar in her four-part 2018 Appellate Webinar Series.

March 28, 2018 PODCASTS Attorney’s Fees and Taxable Cost - 2018 Appellate Webinar Series

Listen as Partner Carol Rooney presents “Attorney’s Fees and Taxable Costs”, her first webinar of the 2018 Appellate Webinar Series. This webinar will provide a comprehensive overview of the legal authority and procedures for recovering attorney’s fees and taxable costs under Florida and Texas law in the trial and appellate courts.

October 05, 2017 PODCASTS THE ART OF ADVOCACY - PERSUASIVE WRITING AND ORAL ARGUMENTS

Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covered persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals. This course will provide the tips and tools to improve your ability to draft cogent legal documents and present compelling oral arguments.

Blog Posts

October 05, 2017 BLOG POST THE ART OF ADVOCACY - PERSUASIVE WRITING AND ORAL ARGUMENTS PODCAST

Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covered persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals. This course will provide the tips and tools to improve your ability to draft cogent legal documents and present compelling oral arguments.

June 26, 2017 BLOG POST EXTRAORDINARY WRITS: CERTIORARI, PROHIBITION AND MANDAMUS

Extraordinary Writs: Certiorari, Prohibition and Mandamus. The ins and outs of appellate relief via an extraordinary writ covered by Carol in depth in this webinar.

May 02, 2017 BLOG POST Preserving Error For Appeal in Florida State Courts 2017 Podcast

Carol’s first webinar for the 2017 Appellate Webinar Series covered preserving error for appeal in Florida state courts. Don’t win the battle and lose the war because of unpreserved error!

If you missed the webinar, you can catch up on all of the essential information you need to know regarding critical preservation issues downloadable on all devices.

Events

January 01, 2019 EVENT Carol Rooney 2019 Appellate Webinar Series

Join Carol Rooney in her 2019 webinar series and stay up to date with the latest in Appellate law.

September 14, 2018 EVENT Diversity and Inclusion in the Courtroom and Beyond

Join Partner Carol Rooney as she moderates a Diversity panel discussion with Heather Brock, Kadisha Phelps, Jennifer Shoaf Richardson, and Nikki Lewis Simon on Friday, September 14, 2018 at the FDLA 2018 Annual Meeting.

May 01, 2018 EVENT Butler Partner Carol Rooney will be presenting at the Floridas Paralegal Association

Partner Carol Rooney, Board Certified Specialist in Appellate Practice, will speak to Florida Paralegal Association members on Florida Appellate Law on May 1st, at the Tampa Club. Carol will discuss Florida’s appellate courts, appellate case filings and what paralegals need to know about appeals in Florida.

September 20, 2016 EVENT Carol Rooney hosting Appellate Costs CLE Teleconference

Carol Rooney, a Board Certified Appellate Specialist from Butler Weihmuller Katz & Craig, discussed how to obtain an award of appellate costs, steps the appellate practitioner must take and what appellate costs can be recovered.

January 26, 2012 EVENT CLM Florida Annual Meeting

Managing Costs in Construction Defect Litigation

News

March 08, 2018 NEWS International Women’s Day

Leadership is about making others better as a result of your presence and making sure that impact lasts in your absence.

-Sheryl Sanberg

September 28, 2016 NEWS Carol Rooney Named Co-Chair of the FDLA’s Women & Law Committee

Carol Rooney has officially been named Co-Chair of the Florida Defense Lawyers Association’s Women and Law Committee. The FDLA was formed in April 1967 to represent the interests of Lawyers in private practice whose practice was primarily the defense of civil matters. Congratulations, Carol, on this achievement!

August 08, 2016 NEWS Carol Rooney & Ryan Garrett Win Summary Judgment in Medical Malpractice Action

Carol Rooney and Ryan Garrett’s teamwork and tenacity has proved victorious in their medical malpractice case. Here is more information about the case that was recently covered in DRI’s The Voice .

The Plaintiff asserted that her medical providers negligently prescribed a medication that caused a particular gastrointestinal disorder which required surgical intervention. In deposition, the plaintiff specified her symptoms, admitting that she had experienced gastrointestinal issues throughout her life and was being treated with medication by other providers for other unrelated symptoms.

June 10, 2015 NEWS Congratulations to Carol Rooney on being recognized by The Florida Bar as a Board Certified Specialist in Appellate Practice.

Congratulations to Carol Rooney on being recognized by The Florida Bar as a Board Certified Specialist in Appellate Practice.

Carol has practiced with Butler since 1998. She is a member of the Florida Bar and is admitted to practice in all state courts in Florida as well as the United States District Courts for the Southern, Middle, and Northern Districts of Florida and the United States Court of Appeals for the Eleventh Circuit, Eighth Circuit, and the Second Circuit. She is a member of the American Bar Association, the Hillsborough Bar Association, and the Claims and Litigation Management Alliance.

Areas of Practice (2)

  • Appellate
  • Specialty Trial Team

Education & Credentials

Contact Information:
(813) 281-1900  Phone
www.butler.legal
University Attended:
University of South Florida, B.A., 1989
Law School Attended:
Stetson University, J.D., 1995
Year of First Admission:
1996
Admission:
Florida Courts (Northern, Middle and Southern Districts); United States Eighth Circuit Court of Appeals; United States Eleventh Circuit Court of Appeals; United States Second Circuit Court of Appeals; Florida State Courts; Florida
Memberships:

Memberships

•American Bar Association (ABA)
•Claims and Litigation Management Alliance (CLM)
•Defense Research Institute (DRI)
•Florida Defense Lawyers Association (FDLA)
•Hillsborough County Bar Association (HCBA)

Reported Cases:
Case Type: Appellate; Attorney Fee Disputes; Bad Faith; Commercial General Liability; Construction Defect Litigation; Construction Defect Litigation - Indemnity Claims; Construction Defect Litigation - Sinkholes; Contribution Claims; Coverage - Business Interruption; Coverage - Business Owner's; Coverage - First Party Property; Coverage - Homeowner's; Coverage - Property; Excess Coverage; General Casualty Litigation; Sovereign Immunity Issues; EXPERIENCE: Hegel v. First Liberty Ins. Corp., 778 F.3d 1214, 1222 (11th Cir. 2015) (reversing summary judgment to policyholders based on improper definition of structural damage in claim for damages caused by sinkhole); U.S. Fire Ins. Co. v. ADT Security Services, Inc., 134 So. 3d 477, 480 (2d DCA 2013) (reversing judgment on the pleadings granted to ADT in subrogation case where tort claim was independent of contract between the parties); International House of Pancakes v. Robinson, 124 So. 3d 1004, 1007 (4th DCA 2013) (reversing order compelling production of IHOP's work product ); Kim v. Hoseney, 545 Fed.Appx. 521, 522 (7th Cir. Ill. 2013) (ruling under Illinois law, expert witness was entitled to absolute immunity from liability for statements he made in patent infringement actions); Chubb v. U.T. Investments, LLC, 113 So. 3d 1017, 1019 (5th DCA 2013) (reversing final judgment in favor of policyholder where unrebutted evidence established no additional payments were owed by insurer); United Fire & Casualty Co. v. Whirlpool, 704 F.3d 1338, 1342-43 (11th Cir. 2013) (reversing district court's exclusion of experts ' testimony under Daubert); Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132, 1135 (2d DCA 2012) (en banc)(ruling that proposal for settlement was not an invalid joint proposal); Sunbelt Environmental, Inc. v. Gulf Coast Truck & Equipment Co., Inc., 82 So. 3d 1196, 1200 (1st DCA 2012) (reversing summary judgment granted to manufacturer and installer of tarping device on trucking company's claims for strict products liability, breach of warranty and contribution towards a personal injury settlement); Shelton v. Liberty Mutual Fire Ins. Co., 578 F. App'x 841 (11th Cir. 2014)
ISLN:
911931196

Peer Reviews

  • 4.7/5.0 (19 reviews)
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  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
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    4.7/5.0
  • Analytical Capability

    4.7/5.0
  • Judgment

    4.7/5.0
  • Communication

    4.7/5.0
  • Legal Experience

    4.7/5.0

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Affiliations

CLM

Tampa, Florida

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