Duane Daiker

Duane A. Daiker 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.

Education:

• 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:

• All State and District Courts Florida
• United States Court of Appeals Tenth Circuit
• United States Court of Appeals Eleventh Circuit
• United States Court of Appeals Federal Circuit

Representative Matters:

• 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 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.