A Primer on Dealing With Contaminated Property in Florida

Pennington is proud to announce that this year, Wiley Horton, attorney and Pennington president, is celebrating 25 years of service with the firm. We appreciate Wiley’s 25 years of contributions, and extend our sincere congratulations to Wiley on this remarkable milestone. Wiley Horton’s practice focuses on patents, trademarks, copyrights, licensing, and trial work and is the largest intellectual property practice in northern Florida and southern Georgia. Wiley sits on the Federal Judicial Nominating Commission, Northern District. He is admitted to practice before the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Federal Circuit, the U.S. 11th Circuit Court of Appeals, the U.S. District Court for the Northern District of Florida, and the U.S. District Court for the Middle District of Florida, and he has received pro hac vice admission to numerous other federal courts throughout the United States. Prior to entering the legal profession, Wiley served as an intelligence analyst in the defense sector. Previously, he worked as a guidance and control engineer on the U.S. Air Force’s Advanced Launch System, where he created guidance and control systems for air-to-air and air-to-ground missiles. He also worked as a mechanical design engineer performing contract work for Motorola, Caterpillar, NCR, American Crane, and Siemens. Wiley has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability and has been named Legal Elite by Florida Trend Magazine. Wiley has also been recognized by Martindale-Hubbell as a Top Rated Lawyer for his work in Intellectual Property. Wiley received a degree in Mechanical Engineering from the University of Alabama, magna cum laude, and his Juris Doctorate from The Florida State University College of Law, with honors. Wiley is a former Commissioner of the Florida Commission on Ethics and a member of the American Inns of Court. Wiley is the former Chairman of the Florida Aerospace Finance Corporation, a former Commissioner of the Florida Education Standards Commission, a former member of the American Institute of Aeronautics and Astronautics, and a former member of the American Society of Mechanical Engineers. Wiley is married and has a daughter and two sons. He sits on the Federal Judicial Nominating Commission. He is also a skilled machinist and welder. He enjoys restoring antique firearms and building mechanical prototypes. Wiley is also an instrument-rated private pilot. Pennington is pleased to recognize Wiley Horton on this significant achievement. We look forward to his continued leadership and service ahead!

Mallory Turkiewicz received her undergraduate degree in 2025 from Florida State University, where she obtained a bachelor’s degree in criminology, with a minor in law and philosophy. Mallory was a member of Alpha Chi Omega sorority, and was active on the philanthropy and membership programming committees. Mallory was also a Noles Everywhere Student Ambassador. Currently, Mallory attends Florida State University College of Law, and recently completed her 1L year. During her 1L year, she became involved with the Women’s Law Symposium and the Entertainment, Arts, & Sports Law Society. Mallory is working to obtain her business law certificate. Mallory is from Atlanta, Georgia, and in her free time, she enjoys going to the gym, spending time outdoors, and spending time with friends. Martin Jilek received his undergraduate degree in 2023 from Florida State University where he graduated with a bachelor’s in science in computer engineering. For his senior project, the CIA tasked him and his team with developing a scaled down vehicle that was capable of autonomous driving. Some of his other personal projects include developing an advanced image classification AI and a Smart Pathfinder robot. He is also familiar with python, TensorFlow, convolutional neural networks and C code. Martin Jilek is a registered patent agent with the USPTO, and currently attends Stetson College of Law, where he recently completed his 2L year. Martin is a Tallahassee native who graduated from Maclay in 2018. He also loves to travel and visits his family every summer in Czechia. In his free time he likes to play piano, paint, or fish with friends and family.

The Florida Supreme Court, on its own motion, Amended the Florida Rules of General Practice and Judicial Administration to address the increasing trend of hallucinated AI-generated case citations in court filings. Fla. R. Gen. Prac. & Jud. Admin. 2.515(d)(2) now certifies that the filer of any legal document represents "the legal authorities identified exist and are accurately cited". Courts are authorized to sanction parties who file any documentation inconsistent with this certification, which may include "reprimand, contempt, striking of the document, dismissal of proceedings, costs, attorneys' fees, or other sanctions". Id. The amendment is meant to combat both the "demonstrated risks of generative AI" and to "promote the accuracy and integrity of court filings". In re Amendments to Florida Rule of General Practice and Judicial Administration 2.515, No. SC2026-0673 (Fla. May 28, 2026). In an administrative order issued concurrently with the ruling, the Court acknowledged judicial circuits throughout the state have adopted similar orders and opined that a "statewide approach to AI-related disclosure and certification would better balance the needs of the court system with the interests of the external users of that system". In re: Representations by Signers of Filings, Administrative Order No. AOSC26-12 (Fla. May 28, 2026). The amendments to Rule 2.140 take effect June 15, 2026.

Shareholder Michael J. Thomas was recently awarded the Attorney of the Year Award by the American Board of Trial Advocates for the second time. The American Board of Trial Advocates is an invitation-only association, the members of which must exhibit the principles of courtroom civility, integrity, and professionalism over the course of their legal profession. As a member of the American Board of Trial Advocates, Mike is one of only 7,300 members nationwide who have been accepted into the organization. In order to be considered for membership, a prospective member must have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. It is widely accepted that to be invited to join the organization is a prestigious honor for individuals of stellar character and in-depth experience within the legal profession. Mike is grateful and excited to have been recognized a second time as Attorney of the Year, and he aims to continue exemplifying the core values of the American Board of Trial Advocates in his practice of law. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates, the members of which exhibit the virtues of civility, integrity, and professionalism in trial advocacy. He has been several times awarded Attorney of the Year by the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Shareholder Michael J. Thomas recently presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of over 70 nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region, and it bridges the gap between classroom learning and direct patient care. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions regarding how litigation is handled when nursing care is involved. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates, the members of which exhibit virtues of civility, integrity, and professionalism in trial advocacy. He has been awarded Attorney of the Year twice by the American Board of Trial Advocates, having recently received his second award in 2026. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Shareholders Michael J. Thomas and Cody W. Short recently earned a defense verdict in a premises liability case in Bay County, Florida. The plaintiff, a plastic surgeon, alleged that the defendant, a surgery center, allowed a dangerous condition to exist within the defendant's premises where the plaintiff worked, resulting in an alleged injury sustained when the plaintiff collided with a coworker in a hallway. Specifically, the plaintiff alleged that the hallway should have had a safety mirror at the intersection of two hallways, and that defendant failed to follow its policy regarding completion of documentation during the pre-operative phase of a patient’s surgery. The plaintiff alleged that the injury caused permanent/total disability, affecting his ability to perform plastic surgeries. The defense successfully showed that there was no dangerous condition, and no negligence on the part of the surgery center. The case was tried before Judge James J. Goodman and resulted in a complete defense verdict for the defendant on February 11, 2026. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States. Cody W. Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, product liability, premises liability, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit. Cody has previously been recognized as a Super Lawyers Rising Star and by Best Lawyers: Ones to Watch in America.

We are pleased to announce that and Marc Ito and Rachel Givens have been named shareholders of Pennington PA. This well-deserved recognition reflects their outstanding legal expertise, dedication to client service, and meaningful contributions to the continued success of our firm. We are proud to welcome them into firm leadership and look forward to their ongoing impact in the years ahead. Please join us in congratulating Marc and Rachel on this significant professional achievement.

Pennington PA is pleased to welcome Nicholas A. Lecakes to the firm. Nick brings a strong commitment to client service, dedication to excellence, and valuable experience in the areas of Insurance Defense , Labor & Employment Law , Professional Liability Defense and Trucking & Transportation Defense . We are proud to have Nick join our team and look forward to the contributions he will make to our clients and our firm. Please join us in welcoming Nicholas to the firm. Stay tuned for a full bio!

Firm partners Steven Puritz and Derek Womack obtained a directed verdict on permanency at the close of the plaintiff’s case in chief in a recent jury trial in the Circuit Court of Leon County, Florida. The 26-year-old plaintiff, a former Tallahassee resident, sustained a hand/wrist fracture in a February 4, 2021 head-on collision near the Florida State University campus. Liability and permanency were disputed. Plaintiff treated for approximately three months, with treatment ending four years before trial. Although he claimed ongoing symptoms and limitations, his treating surgeon testified that, at the last visit, the fractures had healed, plaintiff was pain-free, and he had full use of his hand. No witness testified that plaintiff sustained a permanent injury within a reasonable degree of medical probability. At the close of plaintiff’s case, the defense moved for directed verdict under section 627.737(2), Florida Statutes, based on the absence of any evidence of permanent injury. Plaintiff argued that a small surgical scar on his hand satisfied the statutory “significant scarring” threshold. The only evidence of scarring was a nearly imperceptible, dot-sized mark. The court found that no reasonable jury could deem the scar “significant” under the statute and directed a verdict for the defense on permanency, eliminating plaintiff’s claim for non-economic damages. The remaining recoverable damages consisted solely of past medical expenses, which were subject to collateral source set-offs that would have reduced any verdict to only a few hundred dollars. Thus, even if plaintiff had prevailed on liability, there would have been no meaningful recoverable damages. Because Defendants were certain to be awarded attorney’s fees and costs based on a previously rejected proposal for settlement, prior to the start of Defendant’s case-in-chief, Plaintiff dismissed his case with prejudice based on the agreement Defendants would waive entitlement to recover fees and costs against Plaintiff.