Duane A. Daiker
Partner, Board Certified Appellate Specialist
Duane is one of only a handful of board certified appellate specialists in Florida. He is a recognized leader in the appellate community, and provides expert advice in all areas of appellate representation.
Although he has a broad range of commercial and construction litigation experience, Duane’s passion is representing clients in the state and federal appellate courts. He regularly appears in all of Florida’s appellate courts, including the Florida Supreme Court. Duane is known for his clear and efficient writing style that cuts to the heart of complex legal issues. He knows that appellate judges don’t want to read a 50-page brief, so he cuts ruthlessly to the point—with proven results.
While Duane represents the clients of Shumaker, Loop & Kendrick, LLP law firm in appeals, he also partners with trial lawyers outside the firm for appellate representation, or for technical assistance with appeals. Duane has the flexibility to negotiate contingent fees or fixed appellate fees in appropriate cases, and is always focused on providing cost-effective service.
Duane has been actively involved in every aspect of the appellate community. He is a member of the Executive Council and a former chair of the Appellate Practice Section of The Florida Bar, a 1,700-member organization comprised of lawyers and judges devoted to promoting excellence in appellate practice. He served on the Appellate Court Rules Committee from 2012-2018, and is currently a member of the Appellate Practice Certification Standing Committee. As a result of his leadership and involvement, Duane is well-known to lawyers and judges in every appellate district.
For more than 20 years, Duane has represented surety insurance companies in connection with payment, performance, and fiduciary bond disputes. His surety practice encompasses all aspects of suretyship, from initial claim evaluation to claim litigation and recovery. Duane previously served on the Editorial Board of the Fidelity and Surety Digest published by the American Bar Association, and is a regular presenter at surety conferences around the country.
When not practicing law, Duane enjoys teaching and giving back to his community. He is a highly-rated adjunct professor at St. Petersburg College, teaching legal classes continuously since 1999. He is also a long-time volunteer at the Clearwater Marine Aquarium, serving on the Dive Team and the Stranding Team. On the weekends, Duane is often on call to assist with marine animals in distress. Duane has been married to his high school sweetheart for over 25 years, and is the proud father of two amazing daughters.
- Represented an individual in connection with a dispute over the validity of service of process at both the Florida Second District Court of Appeal and the Florida Supreme Court, with a result favoring the client and creating new law in Florida on this issue.
- Represented a private government contractor defending a Federal False Claims Act charge in the federal district court, the Eleventh Circuit Court of Appeals, and the United States Supreme Court.
- Represented a top-tier surety company in a performance bond default on a high-rise condominium building with over $100 million dollars of potential exposure.
- Represented a top-tier surety company in a performance bond default on a $20 million dollar golf course development project.
- Represented a class of displaced workers in a WARN Act class-action against a military defense contractor and obtained a successful result after a non-jury trial in federal district court.
- Board Certified Appellate Specialist, 2007-present
- AV® Peer Review Rated by Martindale-Hubbell
- Florida Rising Star by Super Lawyers magazine, 2009
- Florida Super Lawyer by Super Lawyers magazine, 2017, 2018
- Florida Legal Elite by Florida Trend magazine
Professional and Community Affiliations
- The Florida Bar, Appellate Practice Certification Standing Committee: Member, 2018-present
- The Florida Bar, Appellate Practice Section: Executive Council, 2018-present; Immediate Past Chair, 2017-2018; Chair, 2016-2017; Chair Elect, 2015-2016; Vice Chair, 2014-2015; Secretary/Treasurer, 2013-2014; Executive Council, 2012-2013; CLE Coordinator, 2011-2013
- The Florida Bar, Appellate Rules Committee: Vice-Chair of Internal Operations Committee, 2017-2018; IP Chair and Parliamentarian, 2014-2015; Member, 2012-present
- The Florida Bar, Fee Arbitration Program: Arbitrator, 2005-present
- The Florida Bar, Grievance Committee (13th Circuit): Chair, 2006; Investigating Member, 2003-2005
- Hillsborough County Bar Association, Chair, Appellate Practice Section, 2008-2010
- Editor, American Bar Association Fidelity & Surety Digest, 2010-2013
- American Bar Association: Member, Torts and Insurance Practice Section, 2000-present
- TIPS Fidelity and Surety Law Committee: Member, 2000-present
|04.21.2016||Co-Author, "Mediation for Performance Bond Surety"|
|06.01.2013||"Another Oral Argument Article...," Lawyer magazine, Summer 2013, Vol. 23, No. 7|
|09.19.2012||"Preventing and Defending 'Strike Suits' Against Sureties and Fidelity Carriers"|
|09.01.2010||"Figuring Out Finality"|
|09.01.2009||"Judge Nelly Khouzam Elevated to the Second District Court of Appeal"|
|09.01.2009||"Passing Stolen Company Checks: Is it a Forgery, and When Does it Occur?"|
|07.01.2008||"Avoiding Appellate Mistakes: A Primer for the General Practitioner," The Florida Bar Journal, Vol. 82, No. 7|
|04.10.2008||"Revisiting Chapters 255 and 713, Florida Statutes: Ignorance IS an Excuse!"|
|03.01.2008||"Board Certification in Appellate Practice: A Rewarding Endeavor"|
|10.01.1995||"Computer-Related Legal Malpractice: The Practitioner’s Potential Liability," Florida Bar Journal, April, 1995, at 12. Also reprinted in 36 Law Office Economics & Management 213 (1995), and Andrews’ Professional Liability Litigation Reporter|
|1993||"Florida's Motor Vehicle Warranty Enforcement Act: Lemon-Aid for the Consumer," 45 Florida Law Review 253|
|1992||"Professional Malpractice: Defining a Professional Under the Statute of Limitations," 44 Florida Law Review 835|
Events and Presentations
|09.22.2016||“Mediation for the Surety,” 2016 Northeast Surety & Fidelity Claims Conference, Atlantic City, NJ|
|04.17.2013||"Preventing and Defending 'Strike Suits' Against Sureties, 24th Annual Southern Surety & Fidelity Claims Conference, Charleston, South Carolina|
|10.09.2012||"Using Your iPad in Your Practice-a Tool for Professionals," presented to the Tampa Bay Chapter of the Society of Financial Service Professionals|
|08.10.2012||"Understanding Appellate Practice: What Corporate Counsel Should Know," presented to the Association of Corporate Counsel|
|05.08.2009||"Passing Stolen Company Checks: Is it a Forgery, and When Does it Occur?" Southern Surety and Fidelity Conference|
|04.10.2008||"Revisiting Chapters 255 and 713, Florida Statutes: Ignorance is an Excuse!" presented with Seth Traub, Nineteenth Annual Southern Surety & Fidelity Claims Conference|
|04.21.2005||“Suing a Surety for Bad Faith in Florida? Not So Fast. . . .,” Sixteenth Annual Southern Surety and Fidelity Claims Conference in Charleston, South Carolina|
|09.12.2002||“Alternative Dispute Resolution: New Approaches for the Surety,” Thirteenth Annual Northeast Surety and Fidelity Claims Conference|
|11.01.2001||“Fiduciary Bonds: When Good Principals Go Bad,” Twelfth Annual Southern Surety and Fidelity Claims Conference|
- J.D., with high honors, University of Florida, Order of the Coif, 1994
- B.A., with high honors, University of Florida, 1991
Bar and Court Admissions
- Florida, 1994
- All State and District Courts Florida
- United States Supreme Court
- United States Court of Appeals Tenth Circuit
- United States Court of Appeals Eleventh Circuit
- United States Court of Appeals Federal Circuit