SC08-1360 – Harold Goldberg, Et Al. v. Merrill Lynch Credit Corporation, Et Al.

State: Florida

Docket No: SC08-1360

Case Date: 05/13/2010

Preview:Supreme Court of Florida
____________ No. SC08-1360 ____________ HAROLD GOLDBERG, et al., Petitioners, vs. MERRILL LYNCH CREDIT CORPORATION, et al., Respondents. [May 13, 2010] POLSTON, J. Petitioners argue that the Fourth District Court of Appeal in Goldberg v. Merrill Lynch Credit Corp., 981 So. 2d 550 (Fla. 4th DCA 2008), erred by affirming the dismissal of two separate class action suits on the basis that the Florida Supreme Court has exclusive jurisdiction to determine whether respondents' actions constitute the unauthorized practice of law.1 Although we use different reasoning, we agree with the Fourth District that the Florida Constitution requires this Court exclusively to make that determination; therefore, the cases 1. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

should be dismissed. See art. V,

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