GOLDBERG v. MERRILL LYNCH CREDIT CORP.

Nos. 4D07-1490, 4D07-2436.

981 So.2d 550 (2008)

Harold GOLDBERG, Arlene Goldberg, Appellants, v. MERRILL LYNCH CREDIT CORPORATION, Appellee. Amy Sue Forman, Appellant, v. World Savings Bank, FSB, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 13, 2008.


Attorney(s) appearing for the Case

Keith A. Goldbaum of Friedman, Rosenwasser & Goldbaum, P.A., Boca Raton and Richard E. Shevitz and Vess A. Miller of Cohen & Malad, LLP, Indianapolis, for appellants.

Mark A. Brown of Carlton Fields, P.A., Tampa and Michael K. Winston and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for appellee.


MAY, J.

When may a party file suit to recover fees paid for the alleged unauthorized practice of law — that is the question. Our answer: Only after the Supreme Court of Florida decides the conduct constitutes the unauthorized practice of law.

In a consolidated appeal, the Goldbergs and Amy Sue Forman [plaintiffs] appeal two trial court orders dismissing class-actions against Merrill...

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