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CIRA v. DILLINGER

No. 2D04-4285.

903 So.2d 367 (2005)

Ismail CIRA and Lirije Cira, individually and as parents and natural guardians of Sami Cira, Bekim Cira, and Kujtime Cira, minors; Naim Cira; and Mirije Cira, Appellants, v. Bob DILLINGER, in his official capacity as Public Defender of the Sixth Judicial Circuit of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 15, 2005.

Attorney(s) appearing for the Case

Timothy W. Weber of Battaglia, Ross, Dicus & Wein, P.A., St. Petersburg, for Appellants.

Scot E. Samis and John D. Kiernan of Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster, L.L.P., St. Petersburg, for Appellee.

WALLACE, Judge.

The appellants, Ismail Cira and his family, filed an action in the circuit court against the appellee, Bob Dillinger, in his official capacity as Public Defender of the Sixth Judicial Circuit, for legal malpractice allegedly committed in the defense of Mr. Cira on two aggravated battery charges. The circuit court entered a summary judgment in favor of the Public Defender because the underlying criminal case had not terminated in Mr. Cira's favor. We...

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