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Blog Posts in Professional Negligence

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  • Florida Fifth DCA reverses trial court’s dismissal of plaintiffs’ professional negligence complaint against mortgage foreclosure defense attorney; concludes that complaint was ripe for litigation even though the full extent of plaintiffs’ losses had not ye
    Florida Fifth DCA reverses trial court’s dismissal of plaintiffs’ professional negligence complaint against mortgage foreclosure defense attorney; concludes that complaint was ripe for litigation even though the full extent of plaintiffs’ losses had not ye

    On February 22, 2019, in Rodriguez v. Otero , No. 5D17-3043, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiffs’ professional negligence complaint against their mortgage ...

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  • Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficiary of defendant's legal services
    Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficiary of defendant's legal services

    On September 26, 2018, in Driessen v. University of Miami School of Law Children and Youth Law Clinic , No. 3D18-999, the Florida Third DCA affirmed a trial court’s dismissal of a legal malpractice ...

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  • Florida Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence lawsuit involving mortgages with erroneous property descriptions
    Florida Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence lawsuit involving mortgages with erroneous property descriptions

    On July 5, 2018, in JBJ Investment of South Florida v. Southern Title Group, et al ., No. 4D16-1925, the Florida Fourth DCA ruled that a trial erred in entering a summary judgment for a law firm ...

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  • Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended final judgment following reversal of final judgment on appeal
    Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended final judgment following reversal of final judgment on appeal

    On October 25, 2017, in Forest v. Batts , No. 4D16-4066, the Florida Fourth DCA reversed a trial court’s entry of a summary judgment for the defense in a legal malpractice case. The legal malpractice ...

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  • Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort judgment against debtor was discharged by bankruptcy court
    Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort judgment against debtor was discharged by bankruptcy court

    On October 25, 2017, in Herendeen v. Mandelbaum , No. 2D15-4300, the Florida Second DCA ruled that a bankruptcy estate trustee was entitled to pursue a professional negligence action against a law ...

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  • Florida First DCA rules that when a lender funds a loan relying on a faulty appraisal, the statute of limitations begins to run at the time of funding rather than the later sale of the property
    Florida First DCA rules that when a lender funds a loan relying on a faulty appraisal, the statute of limitations begins to run at the time of funding rather than the later sale of the property

    On September 27, 2017, in Llano Financing Group v. Petit , No, 1D16-3168, the Florida First DCA affirmed a trial court’s order dismissing the plaintiff commercial mortgage lender’s negligence claim ...

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