Mark D. Tinker

Mark D. Tinker: Attorney with Cole, Scott & Kissane, P.A. AV stamp icon
Attorney Awards


Mark D. Tinker is Board Certified in Appellate Practice with The Florida Bar-a status earned by less than one percent of all Florida lawyers-and has been awarded an AV Preeminent distinction, the highest available mark for professional excellence issued by Martindale-Hubbell’s Peer Review Ratings. He is distinguished for handling industry-important and multi-million-dollar appeals, and in doing so has been selected by his peers as one of The Best Lawyers in America, rated as one of Florida’s Super Lawyers, and honored as one of the Legal Elite for Appellate Practice.

Mr. Tinker has practiced before the United States Supreme Court, the Florida Supreme Court, all five of Florida’s District Courts of Appeal, the Florida Circuit Courts of Appeal, as well as the Federal Eleventh Circuit Court of Appeals. With over 17 years of experience, he has been lead counsel in more than 500 appellate matters, including appeals of final and interlocutory orders, certiorari, and other extraordinary writ proceedings, and has presented well over 100 oral arguments in the Florida Supreme Court, all Florida District Courts of Appeal, and the Federal Eleventh Circuit. A sample of just a few of Mr. Tinker’s reported decisions is below.

In conjunction with his appellate practice, Mr. Tinker has extensive experience analyzing insurance coverage issues, including drafting coverage opinions, responding to Civil Remedy notices and time demands, conducting examinations under oath, and litigating declaratory judgment actions. His experience includes personal and commercial auto, property and homeowner’s, commercial general liability, inland marine, directors and officers, errors and omissions, and professional liability. Mr. Tinker has been recognized as a Top-Rated Lawyer in Insurance Law by Martindale-Hubbell.

A sought-after scholar and lecturer, Mr. Tinker is a recurring speaker for, and author with, several professional entities on topics including appellate practice, legal writing, issue preservation, employer risk management, and Florida bad-faith law. He is a member of the Florida Bar, the Hillsborough County Bar Association, and the St. Petersburg Bar Association. An advocate of pro bono legal services, Mr. Tinker further participates in the Free Legal Answers program administered by the Florida Bar, where he supplies legal advice and guidance to eligible low-income or poverty-level individuals, as well as the Bar’s Lawyers Advising Lawyers service, where other attorneys seek his guidance on matters of appellate practice and procedure.

Mr. Tinker obtained his Bachelor of Arts degree from the University of Rochester, with a concentration in Psychology, then earned his Juris Doctorate cum laude from Stetson University College of Law. While attending law school, Mr. Tinker was selected to the prestigious position of Executive Editor of the Stetson Law Review and received a series of distinctions, or “book awards,” for achieving the highest marks in Appellate Practice, Florida Civil Practice, Remedies, Torts II, Research and Writing I, and Research and Writing II.

Areas of Practice (9)

  • Appellate
  • Bad Faith and Extra-Contractual Liability
  • Commercial Litigation
  • Federal Practice
  • General Civil Litigation
  • Insurance Coverage and Carrier Representation
  • Premises Liability
  • Product Liability
  • Vehicle Negligence

Education & Credentials

Contact Information:
(813) 509-2613  Phone
813-281-0900  Fax
University Attended:
University of Rochester, B.A., Psychology
Law School Attended:
Stetson University College of Law, J.D., Cum Laude
Year of First Admission:
Florida; U.S. Supreme Court; U.S. Court of Appeals, 11th Circuit; U.S. District Court, Northern District of Florida; U.S. District Court, Middle District of Florida; U.S. District Court, Southern District of Florida


•The Florida Bar
•Phi Delta Phi
•Hillsborough County Bar Association
•St. Petersburg Bar Association

Reported Cases:
Recent Reported Opinions: Conti v. Auchter, 2019 Fla. App. LEXIS 3930 (Fla. 5th DCA Mar. 15, 2019); Gonzalez v. Citizens Prop. Ins. Co., 2019 LEXIS 3813 (Fla. 3d DCA Mar. 13, 2019); Swanson v. Beilman, 216 So. 3d 784 (Fla. 5th DCA 2017); Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 211 So. 3d 294 (Fla. 2d DCA 2017); Arellano v. Broward K-9/Miami K-9 Servs., 207 So. 3d 351 (Fla. 3d DCA 2016); State Farm v. Bailey, 203 So. 3d 995 (Fla. 2d DCA 2016); Carpenter v. Chavez, 200 So 3d 212 (Fla 2d DCA 2016); State Farm Mut. Auto. Ins. Co. v. Smith, 198 So. 3d 852 (Fla. 2d DCA 2016); Wall v. Point Royal Condo. Association, 197 So. 3d 51 (Fla. 2d DCA 2016); State Farm Ins. Co. v. Brewer, 191 So. 3d 508 (Fla. 2d DCA 2016); United States Fid. & Guar. Co. v. Essex Ins. Co., 188 So. 3d 906 (Fla. 1st DCA 2016); Hunter v. McCall, 2016 Fla. App. LEXIS 13223 (Fla. 1st DCA Aug. 31, 2016); Trek Bicycle Corp. v. Miguelez, 159 So. 3d 977 (Fla. 3d DCA 2015); Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014); Hubner v. Old Republic, 161 So. 3d 438 (Fla. 5th DCA 2014); Kellner v. David, 140 So. 3d 1042 (Fla. 5th DCA 2014); Markum v. Hayward, 136 So. 3d 695 (Fla. 2d DCA 2014); Buitrago v. Feaster, 157 So. 3d 318 (Fla. 2d DCA 2014); State Farm Mut. Auto. Ins. Co. v. Joerg, 188 So. 3d 852 (Fla. 2d DCA 2013); Coddington v. Nunez, 151 So. 3d 445 (Fla. 2d DCA 2013); Boozer v. Stalley, 146 So. 3d 149 (Fla. 5th DCA 2014); Wapnick v. State Farm Mut. Ins. Co., 134 So. 3d 968 (Fla. 4th DCA 2014); Carvajal v. Penland, 120 So. 3d 6 (Fla. 2d DCA 2013); State Farm Mut. Auto. Ins. Co. v. Thorne, 110 So. 3d 66 (Fla. 2d DCA 2013); Smith v. Llamas, 109 So. 3d 1241 (Fla. 2d DCA 2013); Caloosa Property Owners Assoc., Inc. v. Capital Specialty Ins. Co., 522 Fed. Appx. 638 (11th Cir. 2013); Creation's Own Corp. v. Nationwide, 522 Fed. Appx. 589 (11th Cir. 2013); Bon Secours Health System v. Bonnano, 109 So. 3d 1241 (Fla. 1st DCA 2013); Delancey v. Carlton Arms of Magnolia Valley, LLP, 104 So. 3d 1143 (Fla. 2d DCA 2012); Jiminez v. Faccone, 98 So. 3d 621 (Fla. 2d DCA 2012); Reider v. Dorsey, 98 So. 3d 1223 (Fla. 3d DCA 2012); SCG Harbourwood, LLC v. Hanyan, 93 So. 3d 1197 (Fla. 2d DCA 2012); Berman v. Dillard's, 91 So. 3d 875 (Fla. 1st DCA 2012); Sottilaro v. Figueroa, 86 So. 3d 505 (Fla. 2d DCA 2012); Allstate Ins. Co. v. Adrabi , 78 So. 3d 7 (Fla. 3d DCA 2011); Southern Owners Ins. Co. v. Mathieu, 67 So. 3d 1156 (Fla. 2d DCA 2011); Andrews v. Frey, 66 So. 3d 376 (Fla. 5th DCA 2011); USAA Cas. Ins. Co. v. Callery, 66 So. 3d 315 (Fla. 2d DCA 2011); General Dynamics Corp. v. Brottem, 53 So. 3d 334 (Fla. 5th DCA 2010); Stollmack v. Stollmack, 32 So. 3d 756 (Fla. 2d DCA 2010); Packaging Corp. of America v. DeRycke, 9 So. 3d 286 (Fla. 2d DCA 2010); Madura v. Lakebridge Condo. Ass'n, Inc., 382 Fed. Appx. 862 (11th Cir. 2010); Metropolitan Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009); Bonich v. State Farm Mut. Auto. Ins. Co., 996 So. 2d 942 (Fla. 2d DCA 2008); GEICO General Ins. Co. v. Berner, 971 So. 2d 929 (Fla. 3d DCA 2007); Crankfield v. Yeldon, 964 So. 2d 277 (Fla. 2d DCA 2007); Lucas v. Englewood Community Hosp., 963 So. 2d 894 (Fla. 1st DCA 2007); Johnson v. Allstate Ins. Co., 961 So. 2d 1113 (Fla. 2d DCA 2007); Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007); St. Paul Fire and Marine Ins. Co. v. Medical Protective Co. of Fort Wayne, Ind., 257 Fed. Appx. 232 (11th Cir. 2007); Taylor v. Bateman, 927 So. 2d 1024 (Fla. 4th DCA 2006); Martin v. Hacsi, 909 So. 2d 935 (Fla. 5th DCA 2005); Lanza v. Lawnwood Medical Center, Inc., 878 So. 2d 491 (Fla. 1st DCA 2004); State Farm Mut. Auto. Ins. Co. v. Colon, 880 So. 2d 782 (Fla. 2d DCA 2004).

Peer Reviews

Tampa, Florida

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