Nick McNamara
Born in Louisiana and raised in South Florida, Nick earned his Bachelor of Arts degree in Economics and History from the University of Florida before obtaining his Juris Doctorate, Cum Laude, from Florida State University in May, 2020. While at Florida State University, Nick served as Staff Editor for the Florida State University Law Review and volunteered with the FSU Law Veterans' Legal Clinic. He has been licensed to practice in the State of Florida since December, 2020.
During law school, Nick worked for the Office of the General Counsel of the Florida Department of Financial Services, focusing on workers' compensation compliance matters. Nick also worked for the Antitrust Division of the Florida Attorney General's Office, performing legal research, and assisting with the investigation of complaints brought by Florida's consumers. After graduating law school, Nick served as law clerk for Judge Susan L. Kelsey of the Florida First District Court of Appeal for two years before joining Creed & Gowdy in August, 2022.
Notable Cases:
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In re Del Amo, 158 F.4th 1335 (11th Cir. 2025): Mr. McNamara was appointed by the Eleventh Circuit as amicus counsel to defend a bankruptcy court decision, and orally argued the case on September 19, 2025 in Miami. Agreeing with Mr. McNamara's argument, the court concluded in a precedential opinion that the creditor failed to overcome Florida's presumption that bank accounts jointly owned by married spouses are held as tenancies by the entirety.
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Simon v. Coyote Logistics, LLC, No. 2D2023-2775, 2025 WL 2969988 (Fla. 5th DCA Oct. 22, 2025): This case arose from a fatal trucking accident The issue on appeal was whether the lower court erred in finding that the plaintiff's common-law negligence claims against the broker that hired the truck driver were preempted by the Federal Aviation Administration Authorization Act (the FAAAA). The Second District found that, because the Estate's claims against the Appellee implicated the "safety regulatory authority of a State with respect to motor vehicles", the "safety exception" to the FAAAA saved the plaintiff's claims from federal preemption.
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Storey Mountain, LLC v. Ashco, Inc., 422 So. 3d 216 (Fla. 5th DCA 2025): This appeal concerned whether the lower court erred in granting Ashco, Inc.'s motion to vacate a final judgment that would have required it to pay a debt that it never owed. The Fifth District found that the trial court did not abuse its discretion and affirmed.
- Long v. Family Support Servs. of N. Fla., Inc., 392 So. 3d 183 (Fla. 5th DCA 2024): This appeal concerned whether the trial court erred by denying the plaintiffs' motion for new trial based on the trial court's failure to give a necessary jury instruction. The plaintiffs were a brother and sister who were placed in the same foster homes, despite the foster care agencies' knowledge of sexual and physical abuse between the two siblings. The Fifth District reversed, holding that the trial court erred by failing to give the requested instruction.
Publications:
- What the Textualist Revolution in Florida Jurisprudence Means for Practitioners, The Florida Bar Journal, Vol. 98, No. 3 (May/June 2024).
Speaking Engagements:
- Co-presenter, "What's New in Case Law and the Civil Rules Changes," Jacksonville Justice Association Annual Seminar (November 14, 2025).
- Presenter, "A Synopsis of Key Supreme Court Cases," Teacher's Law School, Jacksonville Chapter of the American Board of Trial Advocates (August 5, 2025).
- Co-presenter, "Common Errors in Preservation: The (former) Appellate Law Clerks' Point of View," Jacksonville Justice Association Third Quarterly Meeting (August 25, 2022).
Curriculum Vitae
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Sample Oral Arguments
in the United States Court of Appeals for the Eleventh Circuit (09/19/25)