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BILL BRANCH CHEV., INC. v. PHILIP L. BURNETT, P.A.

No. 89-01071.

555 So.2d 455 (1990)

BILL BRANCH CHEVROLET, INC., a Florida Corporation, Appellant, v. PHILIP L. BURNETT, P.A., a Professional Association, and Philip Burnett, Individually, Appellees.

District Court of Appeal of Florida, Second District.

January 19, 1990.

Attorney(s) appearing for the Case

Susan E. Trench of Goldstein & Tanen, P.A., Miami, for appellant.

James F. McKenzie of McKenzie, Millsap & Soloway, P.A., Pensacola, for appellees.

THREADGILL, Judge.

The appellant, Branch Chevrolet, Inc., charges error in the dismissal of count two of its complaint for legal malpractice. The appellant filed a two-count complaint against the lawyer and law firm that had represented it in two separate legal matters. The trial court dismissed with prejudice the second count, which was based on an action that had settled, for failure to state a cause of action. The court concluded that where a suit settles before...

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