De Varona v. De Souza

District Court of Appeal of Florida

De Varona v. De Souza

824 So. 2d 985, 2002 Fla. App. LEXIS 12027, 2002 WL 1906210

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 2002

DocketNo. 3D02-1845

StatusPublished

This text of 824 So. 2d 985 (De Varona v. De Souza) 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.

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De Varona v. De Souza, 824 So. 2d 985, 2002 Fla. App. LEXIS 12027, 2002 WL 1906210 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We grant the petition for writ of certio-rari in part. As the respondent’s counsel commendably concedes, the trial court erred in denying petitioner’s motion to abate the legal malpractice claim. Perez-Abreu, Zamora & De La Fe, P.A. v. Taracido, 790 So.2d 1051 (Fla.2001). That portion of the order declining to abate count III of respondent’s complaint is hereby quashed and shall be abated o,n remand. This same reasoning, however, does not compel abatement of the fraudulent inducement claim asserted in count IV. The petition is denied as to count IV.

Certiorari granted in part; denied in part and remanded.

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PER CURIAM.

We grant the petition for writ of certio-rari in part. As the respondent’s counsel commendably concedes, the trial court erred in denying petitioner’s motion to abate the legal malpractice claim. Perez-Abreu, Zamora & De La Fe, P.A. v. Taracido, 790 So.2d 1051 (Fla.2001). That portion of the order declining to abate count III of respondent’s complaint is hereby quashed and shall be abated o,n remand. This same reasoning, however, does not compel abatement of the fraudulent inducement claim asserted in count IV. The petition is denied as to count IV.

Certiorari granted in part; denied in part and remanded.

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824 So. 2d 985, 2002 Fla. App. LEXIS 12027, 2002 WL 1906210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-varona-v-de-souza-fladistctapp-2002.

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