1611 EUCLID V. RITTER

State: Florida

Court: Florida Third District Court

Docket No: 07-1633

Case Date: 03/12/2008

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2008
Opinion filed March 12, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-1633 Lower Tribunal No. 04-9446 ________________

1611 Euclid Avenue, Inc.,
Appellant, vs.

Ritter, Ritter & Zaretsky, a limited liability partnership for profit, and Louis Zaretsky, Esq., and Mark Lynn, Esq.,
Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge. Arthur J. Morburger; Stephen M. Zukoff, for appellant. Gaebe, Mullen, Antonelli, Esco & DiMatteo, and Mark R. Antonelli, and Anne C. Sullivan, for appellees.

Before COPE, GREEN, and WELLS, JJ. PER CURIAM.

This is an appeal from an order dismissing the plaintiff's fifth amended complaint, with prejudice, for failure to state a cause of action. We reverse. "A legal malpractice action has three elements: 1) the attorney's employment; 2) the attorney's neglect of a reasonable duty; and 3) the attorney's negligence as the proximate cause of loss to the client." Law Ofc. of David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So. 2d 962, 966 (Fla. 2007). The complaint and attached exhibits properly alleged these elements. As such, the dismissal was in error. Accordingly, we remand with instructions that plaintiff's cause be reinstated. Reversed and remanded.

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