4D05-2513-Waton v. Feder

State: Florida

Court: Florida Fourth District Court

Docket No: 4D05-2513

Case Date: 05/17/2006

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT January Term 2006 DANIELLE WATON, Appellant, v. LAWRENCE H. FEDER, Appellee. No. 4D05-2513 [May 17, 2006] PER CURIAM. We reverse the summary judgment in favor of defendant in this legal malpractice action. We find there are triable issues of fact in regard to the claim that defendant was negligent in failing to advise plaintiff of her rights as a spouse under Florida law. In particular we reject defendant's argument that plaintiff could not demonstrate any damages without proving that her husband would have married her without the antenuptial agreement. Had she been properly advised, she might not have married him with the agreement in question. Neither does the doctrine of collateral estoppel apply, because the parties to this litigation are not the same as those in the dissolution of marriage case, from which defendant argues certain facts, asserting they cannot be relitigated in this action. Reversed. STONE, POLEN and FARMER, JJ., concur. * * *

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 02-10814 (14). Andrew L. Salvage of Andrew L. Salvage, P.A., Fort Lauderdale, for appellant.

Robert L. Teitler of Walton, Lantaff, Schroeder & Carson, LLP., Miami, for appellee. Not final until disposition of timely filed motion for rehearing.

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