SCOTT C. MICKLER, APPELLANT,
v.
RUTH AARON, ALLSTATE INSURANCE COMPANY; ALAN S. FISHMAN; BOB HURTH; DENNIS A. VANDENBERG; THEODORE DECKERT; LAW OFFICES OF BRENNAN, MCALILEY, HAYSKAR, MCALILEY AND JEFFERSON, P.A.,; THEODORE HAINLINE; HAINLINE, BILLING, COCHRAN AND HEATH, P.A.; MYRNA BRICKER; AND BRITTON, COHEN, CASSEL, KAUFMAN AND SCHANTZ, P.A., APPELLEES
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A judgment creditor cannot implead the debtor's former attorneys for legal malpractice or use supplementary proceedings to execute on legal malpractice claims because such claims are personal and non-assignable.
Legal malpractice claims are personal in nature and non-assignable, and therefore cannot be reached by a judgment creditor through impleader or supplementary proceedings.
[1] Legal malpractice claims are personal in nature and non-assignable and therefore cannot be reached by a judgment creditor through impleader or supplementary proceedings u…
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Join FLexlaw to unlock all legal intelligenceMickler obtained a $12 million judgment against Aaron in a personal injury action. Mickler sought to implead Aaron's attorneys for legal malpractice a…
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PER CURIAM.
Appellant, the successful plaintiff in a personal injury action against appellees Aaron and her insurance company, Allstate, appeals the dismissal with prejudice of his impleader complaint against the attorneys who represented Aaron in that action, and the dismissal of his petition for proceedings supplementary pursuant to section 56.29, Florida Statutes (1983), for collection of the outstanding $12 million judgment he has against Aaron.
Appellant argues that he should be allowed to implead the attorneys to collect money damages for legal malpractice he claims they committed in their representation of Aaron in the personal injury action. He also argues that the trial court should allow him to use the proceedings supplementary mechanism to execute upon those potential legal malpractice claims, asserting that the claims are Aaron’s choses in action, thus her assets, upon which he is allowed to execute.
Appellant’s contentions are without merit based upon this court’s decisions in Washington v. Firemans Fund Insurance Co., 459 So. 2d 1148 (Fla. 4th DCA 1984) (holding legal malpractice action not assignable because of the personal nature of legal services involving highly confidential relationships) and Puzzo v. Ray, 886 So. 2d 49 (Fla. 4th DCA 1980) (holding a mere right of action for a personal tort is not property which can be reached by a creditor’s suit pursuant to section 56.29, Florida Statutes).
AFFIRMED.
ANSTEAD, LETTS and DELL, JJ., concur.
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Fundamental Long Term Care Holdings, LLC v. The Est. of Juanita Amelia Jackson, 110 So. 3d 6 (Fla. 2d DCA 2012)…plain the procedural process that should be followed. In some cases, plaintiffs have impleaded judgment debtors as new defendants by filing impleader complaints. See, e.g., Rosenfeld, 630 So. 2d at 1167; Warren, 522 So. 2d at 980; Mickler v. Aaron, 490 So. 2d 1343 (Fla. 4th DCA 1986); Mitutoyo Am. Corp. v. Suncoast Precision, Inc., No. 8:08-mc-36-T-TBM, 2011 WL 2802938, at *1 (M.D.Fla. July 18, 2011); Office Bldg., LLC, 2011 WL 1674963. But at the most, those cases implicitly suggest, rather than hold, that a…
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Nat'l Union Fire Ins. Co. v. James D. Salter, James D. Salter, P.A., 717 So. 2d 141 (Fla. 5th DCA 1998)…dential relationships. Forgione v. Dennis Pirtle Agency, Inc., 701 So. 2d 557 (Fla.1997). See also Kozich v. Shahady, 702 So. 2d 1289 (Fla. 4th DCA 1997) (court has long held that a legal malpractice action may not be transferred); Mickler v. Aaron, 490 So. 2d 1343 (Fla. 4th DCA 1986) (legal malpractice action was not assignable); Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148 (Fla. 4th DCA 1984) (as a matter of public policy, court would not permit enforcement of a legal malpractice action which has b…
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W.G. Lassiter, Jr. v. Kimmick, 745 So. 2d 412 (Fla. 4th DCA 1999)…PER CURIAM. Affirmed. See Mickler v. Aaron, 490 So. 2d 1343 (Fla. 4th DCA 1986). DELL, TAYLOR and HAZOURI, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Washington v. Fireman's Fund Ins. Co. & Fowler, 459 So. 2d 1148 (Fla. 4th DCA 1984)
- Puzzo v. RAY, 386 So. 2d 49 (Fla. 4th DCA 1980)