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BURNSIDE v. McCRARY

No. 79-1518.

384 So.2d 1292 (1980)

Everett L. BURNSIDE, Appellant, v. Jesse McCRARY and Wilkie D. Ferguson et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1980.

Attorney(s) appearing for the Case

Greene & Cooper and Sharon L. Wolfe, Miami, for appellant.

Long & Smith and H.T. Smith, Jr., Miami, for appellees.

Before HUBBART and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

The final summary judgment under review, which was entered in favor of the defendant Wilkie Ferguson in this legal malpractice action, is affirmed upon a holding that: (a) the defendant Ferguson was, as a matter of law, not guilty of the legal malpractice charged in the plaintiff's complaint because the record affirmatively establishes that the alleged negligent acts occurred after the defendant had been elevated to the bench without having retained any...

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