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WEISS v. LEATHERBERRY

No. 1D02-4800.

863 So.2d 368 (2003)

David J. WEISS and Parillo, Weiss & O'Halloran, Appellants, v. Gerald L. LEATHERBERRY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 21, 2004.

Attorney(s) appearing for the Case

Richard Burton Bush and Patricia A. Lynch of Bush, Augspurger & Lynch, P.A., Tallahassee; Robert C. Bauroth of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for Appellants.

James F. McKenzie of McKenzie & Taylor, P.A., Pensacola, for Appellee.

PADOVANO, J.

This is an appeal from a summary judgment for the client in a suit against his lawyer for legal malpractice. The action was initiated according to the terms of an agreement between the client and the injured party in a previous case. We conclude that the agreement is the equivalent of an assignment of the malpractice claim. Because a legal malpractice claim is not assignable under Florida law, the purported assignment in this case is void and the action...

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