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Mark D. Tinker

Partner

Mark D. Tinker

Partner

  • Direct: (813) 509-2613

  • Fax: (813) 286-2900

Mark D. Tinker is Board Certified in Appellate Practice with The Florida Bar—a status earned by less than two-tenths of one percent of all Florida lawyers—and currently serves as one of nine members of the Bar’s Appellate Practice Certification Committee.  Mr. Tinker maintains an AV Preeminent® distinction, the highest available mark for professional excellence issued by Martindale-Hubbell’s Peer Review Ratings, and he is annually rated by his peers as one of The Best Lawyers in America® for Appellate Practice and as one of Florida’s appellate Super Lawyers®.  Mr. Tinker is similarly recognized by his contemporaries as among the Top Attorneys in Tampa Bay and Tampa’s Legal Elite, and he was honored as one of Tampa’s Attorneys of the Year for his appellate proficiency in both 2019 and 2020.

Mr. Tinker is distinguished for handling industry-important and bet-the-company appeals, and he 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 18 years of experience, he has been lead counsel in more than 650 appellate matters, including appeals of final and interlocutory orders, certiorari, and other extraordinary writ proceedings.  He has further presented over 125 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 recent and industry-leading experience in COVID-19 Business Interruption insurance litigation.  Mr. Tinker is versed in personal and commercial auto, property and homeowner’s, commercial general liability, inland marine, directors and officers, errors and omissions, and professional liability policies and certificates.  His coverage practice includes providing coverage opinions, responding to Civil Remedy notices and time demands, conducting examinations under oath, and litigating declaratory judgment actions.  Mr. Tinker is recognized as a Top-Rated Lawyer in Insurance Law® by Martindale-Hubbell, and he is annually rated as one of Florida’s insurance law Super Lawyers®, as well.

A sought-after scholar and lecturer, Mr. Tinker is a recurring speaker for, and author with, several professional entities—including the Florida Bar—on topics including appellate practice, legal writing, issue preservation, and Florida bad-faith law.  An advocate of pro bono legal services, Mr. Tinker 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.  He is a member of the Florida Bar, the Hillsborough County Bar Association, and the St. Petersburg Bar Association.

Recent Reported Opinions

  • People’s Tr. Ins. Co. v. Alonzo-Pombo, 3D19-1955, 2020 WL 5384926 (Fla. 3d DCA Sept. 9, 2020); Leon v. Citizens Prop. Ins. Corp., 2D19-2343, 2020 WL 5229061 (Fla. 2d DCA Sept. 2, 2020); Lockhart v. Citizens Prop. Ins. Co., 3D19-512, 2020 WL 5032477 (Fla. 3d DCA Aug. 26, 2020); People’s Tr. Ins. Co. v. Ortega, 3D19-1153, 2020 WL 3443454 (Fla. 3d DCA June 24, 2020); People’s Tr. Ins. Co. v. Vidal, 3D19-930, 2020 WL 2463075 (Fla. 3d DCA May 13, 2020); People’s Tr. Ins. Co. v. Franco, 3D18-2178, 2020 WL 1870361 (Fla. 3d DCA Apr. 15, 2020); People’s Tr. Ins. Co. v. Valentin, 3D19-58, 2020 WL 1542061 (Fla. 3d DCA Apr. 1, 2020); Williams v. Boyd-Panciera Family Funeral Care, Inc., 293 So. 3d 499 (Fla. 4th DCA 2020); People’s Trust Ins. Co. v. Bravo, 2020 WL 808932 (Fla. 3d DCA Feb. 19, 2020);People’s Trust Ins. Co. v. Nowroozpour, 277 So.3d 135 (Fla. 4th DCA 2019); Klenk v. Ransom, 270 So. 3d 1272 (Fla. 1st DCA 2019); Conti v. Auchter, 266 So. 3d 1250 (Fla. 5th DCA 2019); Gonzalez v. Citizens Prop. Ins. Co., 273 So. 3d 1031 (Fla. 3d DCA 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);  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).
  • Stetson University College of Law, J.D., Cum Laude
  • University of Rochester, B.A. in Psychology
  • 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