Hickey v. Dunn & Corey

We reverse the order appealed and remand this legal malpractice action to the trial court to permit the appellant to amend his complaint to allege that, as a member of a pre-paid legal services plan, he had not been in direct privity with the attorneys alleged to have committed the alleged malpractice. It appears that the trial court declined to permit the amendment, having concluded that the two-year professional malpractice limitations period of section 95.11(4)(a), Florida Statutes (1991) had passed, thus plaintiffs proposed amendment would be futile. However, section 95.11(4)(a)1 excludes…