1611 Euclid Avenue, Inc. v. Ritter, Ritter & Zaretsky
District Court of Appeal of Florida
1Per curiam
This is an appeal from an order dismissing the plaintiffs fifth amended complaint, with prejudice, for failure to state a cause of action. We reverse.
“A legal malpractice action has three elements: 1) the attorney’s employment; 2) the attorney’s neglect of a reasonable duty; and 3) the attorney’s negligence as the proximate cause of loss to the client.” Law Ofc. of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007). The complaint and attached exhibits properly alleged these elements. As such, the dismissal was in error. Accordingly, we remand with instructions…
2Cases cited1 opinion
- Law Office of Stern v. Security Nat. Corp.Supreme Court of Florida · 2007
3Cited by1 opinion
- Spoor v. StateDistrict Court of Appeal of Florida · 2008