Wander v. Moxon

District Court of Appeal of Florida

Wander v. Moxon

619 So. 2d 979, 1993 Fla. App. LEXIS 4488, 1993 WL 120849

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1993

DocketNo. 92-0743

StatusPublished

Cited by1 cases

This text of 619 So. 2d 979 (Wander v. Moxon) 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

Wander v. Moxon, 619 So. 2d 979, 1993 Fla. App. LEXIS 4488, 1993 WL 120849 (Fla. Ct. App. 1993).

Pincite

Opinion

FARMER, Judge.

Plaintiffs appeal a series of final summary judgments in favor of all defendants in their two count legal malpractice action filed against attorneys, Thomas A. Thomas, Frank Thomas, and their firm, Thomas A. Thomas •& Associates, P.A., as well as attorney George L. Moxon. We reverse.

The summary judgment as to all claims against Thomas A. Thomas was entered well over a year before this appeal was taken. According to rule 9.110(k), Florida Rules of Appellate Procedure, “[i]f. a partial final judgment totally disposes of an entire case as to any party, it must be appealed within thirty days of rendition.” We therefore lack jurisdiction to review this particular summary judgment because of the failure to appeal the judgment within 30 days of rendition.

As to the summary judgments against the remaining defendants, we conclude that plaintiffs’ affidavit in opposition to the motions demonstrates the existence of material factual issues. We therefore reverse these summary judgments, and remand with instructions to allow plaintiffs to present evidence in support of their claims against the remaining defendants.

REVERSED AND REMANDED WITH DIRECTIONS.

ANSTEAD and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI