TORTS: LEGAL MALPRACTICE: FRAUD: CONSTRUCTIVE FRAUD: CIVIL CONSPIRACY: CONSPIRACY BETWEEN PLAINTIFF AND DEFENSE FIRM TO DEPRIVE DEFENDANT OF AN EFFECTIVE DEFENSE CONSTITUTED EXTRINSIC, RATHER THAN INTRINSIC, FRAUD AND WAS NOT SUBJECT TO THE ONE YEAR LIMITATION IN FLA. R. CIV. P. 1.540

Olesen v. General Electric Capital Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D303 (Fla. 5th DCA February 7, 2014)

The plaintiff was the owner of a company that leased busses and then sold or subleased them.  In order to fund the company’s operations, the plaintiff agreed to serve as the guarantor of a multimillion line of credit … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: GRANTEE HAD STANDING TO SUE GRANTORS’ LAWYER FOR LEGAL MALPRACTICE BECAUSE CONVEYANCE WAS INTENDED AS A GIFT: TWO INTEREST RULE INAPPPLICABLE

Dingle v. Dellinger, ___ So. 3d ___, 39 Fla. L. Weekly D322 (Fla. 5th DCA February 7, 2014)

The decedent retained a lawyer to convey real property, by quitclaim deed, as a gift to the plaintiffs.  After the decedent’s death, his widow successfully challenged the transfer, and the plaintiff’s sued the lawyer and his employer or principal for legal … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: FAILURE TO DISCLOSE AND OBTAIN WAIVER OF CONFLICT OF INTERESTS; CIVIL PROCEDURE: ERROR TO GRANT MOTION FOR ADDITUR AND AWARD NOMINAL DAMAGES AFTER JURY RETURNED ZERO VERDICT: ERROR TO GRANT NEW TRIAL BASED ON PLAINTIFF’S DISAGREEMENT WITH THE AMOUNT OF ADDITUR: APPEALS: ENTITLEMENT TO NOMINAL DAMAGES WAIVED BY FAILING TO REQUEST JURY INSTRUCTION ON NOMINAL DAMAGES OR TO REQUEST NOMINAL DAMAGES DURING CLOSING ARGUMENT: REFUSAL TO CONSIDER ARGUMENT MADE FOR THE FIRST TIME ON APPEAL

Bluth v. Blake,  ___ So. 3d ___, 38 Fla. L. Weekly D2614 (Fla. 4th DCA December 11, 2013)

The lawyer represented the developers and the investors in a real estate project.  When the parties reached an irreconcilable conflict, the lawyer represented the investors, and the developers sued the (1) investors for (a) breach of contract and (b) unjust enrichment … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: LEGAL MALPRACTICE: MISINFORMING CLIENT ABOUT LENGTH OF STATUTE OF LIMITATIONS: DEFENSES: CAUSATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

Reed v. Schutz Litigation LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1570 (Fla. 2d DCA July 24, 2013)

The plaintiff fell off a toilet while she was hospitalized after a stroke because a physical therapist failed to supervise her.  The plaintiff hired the defendant to sue the hospital for medical malpractice, but he withdrew after misinforming her that … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: EVIDENCE: RULES OF PROFESSIONAL CONDUCT: MOTION IN LIMINE: FAILURE TO OBTAIN DEFINITIVE RULING; APPEALS: PRESERVATION OF ERROR

Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A., ___ So. 3d ___, 38 Fla. L. Weekly D1514 (Fla. 3d DCA July 10, 2013)

The defendants in a legal malpractice case moved in limine to preclude the plaintiffs’ expert from testifying that they violated several rules of professional conduct, and the trial court reserved ruling on the motion.  At trial, the Click To Read Full Case Law Review...