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PORTER v. OGDEN, NEWELL & WELCH

No. 99-2289.

241 F.3d 1334 (2001)

H. Boone Porter, III, in his capacity as individual co-trustee of the H. Boone Porter Trust created under Deed of Trust dated 8/1/60 as amended by amendment dated 5/14/68, and individually, and in his capacity as Executor of the Estate of Rev. H. Boone Porter, Commerce Bank, N.A., a national banking association, in its capacity as corporate co-trustees of the H. Boone Porter Trust created under Deed of Trust dated 8/1/60, as amended by amendment dated 5/14/68; Plaintiffs-Appellants, Cross-Appellees, v. Ogden, Newell & Welch, a Kentucky general partnership, Richard F. Newell, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED February 15, 2001.

Attorney(s) appearing for the Case

Alan Ira Horowitz, Miller and Chevalier, Washington, DC, Shelley H. Leinicke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, FL, J. Thomas Cardwell, Denise D. Dell, Akerman, Senterfitt & Edison, P.A., Orlando, FL, for Plaintiffs-Appellants, Cross-Appellees.

Andrew Seiden, Seiden, Alder, Rothman & Petosa, P.A., Boca Raton, FL, for Defendants-Appellees, Cross-Appellants.

Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.

DUBINA, Circuit Judge:

The Trustees of the Estate of H. Boone Porter appeal the district court's order finding that a legal malpractice action against the Defendants had not accrued under Florida law because no injury had occurred. Also appealed are an order of a magistrate judge denying the Trustees' motion to compel and an order of the magistrate judge permitting the Trustees to obtain financial worth documents. We affirm in part and reverse in part.

I...

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