Tobin v. Bursch

ROTHENBERG, Judge. .

The defendant, Gerald Tobin, appeals the denial of his motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes (2002).1 We reverse and remand.

The plaintiffs, Jonathan E. Bursch, Raymond Bursch, and Deborah Bursch, filed a legal malpractice action against Tobin.2 The plaintiffs alleged that Tobin represented them in a real estate transaction in which they purchased a five-acre parcel which was landlocked. They further alleged that they did not discover that the parcel was landlocked until they attempted to sell the property and that, if they had known…