LARSTIN HAND, APPELLANT,
v.
JAMES HUSTAD, APPELLEE
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PER CURIAM.
This appeal challenges the propriety of a directed verdict in favor of the defendant in a legal malpractice case. The issue is whether the plaintiff adduced sufficient proof as to the collectibility of a lien to withstand the defendant’s motion for directed verdict. We resolve this question by employing the general rule that “[w]hen a judgment based on a directed verdict is appealed, this court must read the evidence in a light most favorable to the party against whom the verdict is directed, resolving every conflict and inference for that party.” McDonald v. McGowan, 402 So. 2d 1197, 1199 (Fla. 5th DCA 1981). Here the record reflects that the plaintiff offered closing statements and other documentary evidence which, viewed in the light most favorable to the plaintiff, were sufficient to establish the collectibility of the lien. Thus, we hold that the trial court erred in granting the motion for a directed verdict and, accordingly, the judgment is reversed and the cause is remanded for a new trial.
REVERSED & REMANDED.
GLICKSTEIN and HURLEY, JJ., and SMITH, CHARLES E., Associate Judge, concur.
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Remova Pool Fence Co. v. Roth, 647 So. 2d 1022 (Fla. 4th DCA 1994)…te court proceedings on the case after removal but prior to remand are void ab initio. Id. at 1254-1256; Preston v. Allstate Ins. Co., 627 So. 2d 1322, 1324 (Fla. 3d DCA 1993); 28 U.S.C. 1446(d). See also Weatherly v. North American Van Lines, Inc., 440 So. 2d 518 (Fla. 4th DCA 1983). The jurisdiction of the circuit court ceased when the notice of removal was filed with the state court and did not resume until the dismissed state claims were remanded to the state court on July 7, 1993. The circuit court’s or…
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Fernandes v. Barrs, 641 So. 2d 1371 (Fla. 1st DCA 1994)…ion must prove both that a favorable result would have been achieved in the underlying litigation but for the negligence of the attorney/defendant and that any judgment which could have been recovered would have been collectible. See Hand v. Hustad, 440 So. 2d 518 (Fla. 4th DCA 1983) (reversing directed verdict in favor of defendant/attorney in legal malpractice case because plaintiff had offered sufficient evidence of collectibility to present a jury question). In Coopers & Lybrand v. Trustees of the Archdio…1 / 2
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- McDONALD v. McGOWAN, 402 So. 2d 1197 (Fla. 5th DCA 1981)