David M. Gersten, former Chief Judge in Florida's Third District Court of Appeal, is a partner in the Commercial Litigation practice group of Gordon & Rees’ Miami office. He represents clients in litigation and appeals in a multitude of areas, including commercial, labor, administrative, professional liability, real estate, land use, and probate law. He strategically advises clients on honing their legal issues to navigate potential evidence and procedural obstacles with both trial and post-trial implications in mind. His practice includes professional liability defense which includes regularly defending insurance agents, brokers, and other professionals in malpractice claims. Additionally, Mr. Gersten often serves as a mediator and arbitrator in complex cases.
Mr. Gersten received his Juris Doctor in 1975 from the University of Florida, and worked in private practice until 1980, when, at age 29, he was elected without opposition as a judge to the Miami-Dade County Court. Two years later, he was elected without opposition as a judge to the Eleventh Judicial Circuit of Florida. In 1989, he was appointed to Florida's Third District Court of Appeal, a position he retained for more than 20 years. During his time with the Third District Court of Appeal, Mr. Gersten was unanimously elected to serve as the court's Chief Judge from 2007-2009. In 2015, Mr. Gersten was awarded a Lifetime Achievement award by the Daily Business Review, for his outstanding service to the South Florida legal community.
Mr. Gersten regularly writes and lectures on topics relating to appellate law, trial law, and ethics. His bi-weekly column on Law.com provides insight into recent appellate court decisions. He is also an appellate faculty member for the Florida College of Advanced Judicial Studies, and has served as the appellate division's Associate Dean. Mr. Gersten also served as an adjunct professor teaching trial advocacy for the St. Thomas University School of Law, and is an active faculty member of The National Judicial College.
U.S. District Court, Southern District of Florida
Coral Gables Bar Association
Cuban American Bar Association
Florida Association of Women Lawyers
Miami Beach Bar Association
National Association of State Judicial Educators
Master Emeritus James C. Adkins, Jr., American Inn of Court
Master Emeritus Eugene P. Spellman, American Inn of Court
The Conference of District Court of Appeal Judges
National Council of Juvenile and Family Court Judges
The Florida Bar Professionalism Committee
The Florida Bar Judicial Nominating Procedures Committee
Committee on District Court of Appeal Performance and Accountability
Committee on District Court of Appeal Judicial Management
Florida Court Education Council, Appellate Court Member
Legislative Committee of District Court of Appeal Judges
The Florida Bar Judicial Administration Selection and Tenure Committee
Member, Board of Directors, Miami Beach Community Health Center
Member, Board of Directors, Legal Services of Greater Miami
Chair, Annual Legal Eagle Competition to benefit Legal Services of Greater Miami, Inc., University of Miami School of Law