NALE v. MONTGOMERY

No. 4D99-4228.

768 So.2d 1166 (2000)

Patricia J. NALE, f/k/a Patricia Stebbins, and Rodney Stebbins, individually and as personal representatives of the Estate of Rodney Stebbins, Jr., Appellants, v. Robert M. MONTGOMERY, Jr., individually and as a general partner of Montgomery & Larmoyeaux, a Florida general partnership, Montgomery Larmoyeaux, P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 20, 2000.


Attorney(s) appearing for the Case

Paul Richard Bloomquist, Lake Worth, for appellants.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellees.


WARNER, C.J.

The appellants sued their former attorneys for negligence, claiming that they negligently prepared a notice of voluntary dismissal which dismissed appellants' cause of action with prejudice, thereby precluding appellants from refiling their claim. The trial court granted the dismissal of the complaint, concluding that the statute of limitations had run. Regardless of whether appellants' claim against their attorneys is treated as a malpractice claim with...

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