Azuz v. Singer

District Court of Appeal of Florida

Azuz v. Singer

708 So. 2d 292, 1998 Fla. App. LEXIS 624, 1998 WL 27301

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1998

DocketNo. 96-00517

StatusPublished

This text of 708 So. 2d 292 (Azuz v. Singer) 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

Azuz v. Singer, 708 So. 2d 292, 1998 Fla. App. LEXIS 624, 1998 WL 27301 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We reverse, in part, the final order of dismissal for failure to state a cause of action. Appellant’s fourth amended complaint sufficiently alleges acts of attorney negligence by claiming that Appellee stipulated to the content of a final order which substantially varied from terms authorized by Appellant.

However, as to all other counts and claims, including those for breach of contract, fraud, failure to prepare for trial, failure to oppose a change in venue, and failure to oppose a substitution of opponent’s counsel, we affirm partial dismissal without leave to amend.

We remand for further proceedings solely on Appellant’s claims as to negligence in stipulating to provisions substantially differing from those authorized by Appellant.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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PER CURIAM.

We reverse, in part, the final order of dismissal for failure to state a cause of action. Appellant’s fourth amended complaint sufficiently alleges acts of attorney negligence by claiming that Appellee stipulated to the content of a final order which substantially varied from terms authorized by Appellant.

However, as to all other counts and claims, including those for breach of contract, fraud, failure to prepare for trial, failure to oppose a change in venue, and failure to oppose a substitution of opponent’s counsel, we affirm partial dismissal without leave to amend.

We remand for further proceedings solely on Appellant’s claims as to negligence in stipulating to provisions substantially differing from those authorized by Appellant.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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Bluebook (online)

708 So. 2d 292, 1998 Fla. App. LEXIS 624, 1998 WL 27301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/azuz-v-singer-fladistctapp-1998.