Ard v. Aulls

District Court of Appeal of Florida

Ard v. Aulls

477 So. 2d 1032, 10 Fla. L. Weekly 2302, 1985 Fla. App. LEXIS 16086

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1985

DocketNos. 84-1008, 84-1709

StatusPublished

Cited by2 cases

This text of 477 So. 2d 1032 (Ard v. Aulls) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ard v. Aulls, 477 So. 2d 1032, 10 Fla. L. Weekly 2302, 1985 Fla. App. LEXIS 16086 (Fla. Ct. App. 1985).

Pincite

Opinion

DAUKSCH, Judge.

This is an appeal from a summary final judgment in a legal malpractice case. Ap-pellees failed to file a lis pendens against real property which was the subject of a lawsuit in which appellees were the lawyers for appellant. Had they filed the lis pendens perhaps a quiet title judgment would not have been rendered against appellant. It is alleged the lawyers were negligent. That is a question for the jury to decide — was there a legal duty (to properly represent Ard) which they breached (by not recording the lis pendens) which caused (was the alleged breach the cause) injury (was there an injury) to Ard? Jury questions are not decided by summary judgment.

The judgment is reversed and this cause remanded for trial.

REVERSED and REMANDED.

UPCHURCH and SHARP, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a summary final judgment in a legal malpractice case. Ap-pellees failed to file a lis pendens against real property which was the subject of a lawsuit in which appellees were the lawyers for appellant. Had they filed the lis pendens perhaps a quiet title judgment would not have been rendered against appellant. It is alleged the lawyers were negligent. That is a question for the jury to decide — was there a legal duty (to properly represent Ard) which they breached (by not recording the lis pendens) which caused (was the alleged breach the cause) injury (was there an injury) to Ard? Jury questions are not decided by summary judgment.

The judgment is reversed and this cause remanded for trial.

REVERSED and REMANDED.

UPCHURCH and SHARP, JJ., concur.

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Bluebook (online)

477 So. 2d 1032, 10 Fla. L. Weekly 2302, 1985 Fla. App. LEXIS 16086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ard-v-aulls-fladistctapp-1985.

Opinion

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