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BREAKERS OF FORT LAUDERDALE, LTD. v. CASSEL

No. 87-1915.

528 So.2d 985 (1988)

BREAKERS OF FORT LAUDERDALE, LTD., a Florida Limited Partnership, Appellant, v. James S. CASSEL, Appellee.

District Court of Appeal of Florida, Third District.

July 26, 1988.

Attorney(s) appearing for the Case

Hall & O'Brien and Scott Alan Orth and Richard O'Brien, III, Miami, for appellant.

Stephens, Lynn, Klein & McNicholas and Philip D. Parrish and Robert Klein, Miami, for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

Finding that the statute of limitations had run on the plaintiff's cause of action for legal malpractice, the trial court dismissed the amended complaint with prejudice. The amended complaint, while deficient in that it failed to establish conclusively when appellant actually knew that its attorney's conduct constituted malpractice, was not beyond cure. We therefore reverse the dismissal with directions to permit plaintiff to amend. See Tucker v. Brennan...

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