Legal Opinion · Concurrence

Diaz, Reus & Targ, LLP v. Bird Wingate, LLC

District Court of Appeal of Florida

Decided June 22, 2011No. 3D10-2267Published

1ConcurrenceShepherd, J.

The decision of the trial court relieving Wingate from counsel’s (perhaps, more accurately stated, his paralegal’s) error in the drafting of a voluntary dismissal in this case was correct. In fact, this is one of those rare cases where it was the only possible decision. See Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla.1986) (approving Shampaine Indus., Inc. v. S. Broward Hosp. Dist., 411 So.2d 364 (Fla. 4th DCA 1982)); see also Watson v. Anderson, 492 So.2d 1046 (Fla.1986); Pino v. Bank of N.Y. Mellon; 57 So.3d 950 (Fla. 4th DCA 2011); Wells Fargo Bank, NA v. Haecherl, 56 So.3d 892 (Fla.…

2Cases cited10 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. Randle-Eastern Ambulance Service v. VastaSupreme Court of Florida · 1978
  3. Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
  4. Shampaine Industries, Inc. v. South Broward Hosp. Dist.District Court of Appeal of Florida · 1982
  5. Lee & Sakahara Assoc. v. Boykin ManagementDistrict Court of Appeal of Florida · 1996

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