Mongelli v. Niles

District Court of Appeal of Florida

Mongelli v. Niles

719 So. 2d 341, 1998 Fla. App. LEXIS 11537, 1998 WL 601329

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1998

DocketNo. 97-970

StatusPublished

This text of 719 So. 2d 341 (Mongelli v. Niles) 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

Mongelli v. Niles, 719 So. 2d 341, 1998 Fla. App. LEXIS 11537, 1998 WL 601329 (Fla. Ct. App. 1998).

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Opinion

HARRIS, Judge.

Mongelli sued Niles for legal malpractice in his representation of Mongelli in a criminal case. Mongelli admits that he was guilty of a crime but not the crime to which Niles convinced him to plead. Because of such malpractice, Mongelli claims that he is serving more time in prison than justified. As we indicated in Steele v. Kehoe, 23 Fla. Law Weekly D771, — So.2d -, 1998 WL 121499 (Fla. 5th DCA, Mar.20, 1998), the issue as to whether the defendant has been improperly convicted or has been sentenced to a greater period than appropriate can best be determined by the criminal court. In this case, that was done.

Mongelli attempted to withdraw his plea because of ineffective assistance of counsel and the motion was denied by the Federal District Court, upheld on appeal by the Eleventh Circuit Court of Appeals.

The trial court below found, and we agree, that this case is controlled by Zeidwig v. Ward, 548 So.2d 209 (Fla.1989), and granted summary judgment.

AFFIRMED.

DAUKSCH and ANTOON, JJ., concur.

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HARRIS, Judge.

Mongelli sued Niles for legal malpractice in his representation of Mongelli in a criminal case. Mongelli admits that he was guilty of a crime but not the crime to which Niles convinced him to plead. Because of such malpractice, Mongelli claims that he is serving more time in prison than justified. As we indicated in Steele v. Kehoe, 23 Fla. Law Weekly D771, — So.2d -, 1998 WL 121499 (Fla. 5th DCA, Mar.20, 1998), the issue as to whether the defendant has been improperly convicted or has been sentenced to a greater period than appropriate can best be determined by the criminal court. In this case, that was done.

Mongelli attempted to withdraw his plea because of ineffective assistance of counsel and the motion was denied by the Federal District Court, upheld on appeal by the Eleventh Circuit Court of Appeals.

The trial court below found, and we agree, that this case is controlled by Zeidwig v. Ward, 548 So.2d 209 (Fla.1989), and granted summary judgment.

AFFIRMED.

DAUKSCH and ANTOON, JJ., concur.

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Bluebook (online)

719 So. 2d 341, 1998 Fla. App. LEXIS 11537, 1998 WL 601329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mongelli-v-niles-fladistctapp-1998.

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