RODRIGUEZ v. MORALES

No. 81-2750.

426 So.2d 1149 (1983)

Maria De Los Dolores RODRIGUEZ, Appellant, v. Nestor MORALES, Appellee.

District Court of Appeal of Florida, Third District.

February 8, 1983.


Attorney(s) appearing for the Case

Joe N. Unger, Miami, Max Hagen, North Miami Beach, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Richard Sherman, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


PER CURIAM.

The final summary judgment under review, which was entered below in favor of the defendant Nestor Morales in this legal malpractice action, is reversed because the record does not, as it must, establish that no genuine issue of material fact exists concerning the defendant's alleged malpractice. Fla.R.Civ.P. 1.510(b), (c). The central material issue of fact which remains is whether the defendant Morales negligently failed to object or file a timely petition...

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