R.F. THOMPSON, APPELLANT,
v.
P.W. MARTIN, APPELLEE
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The court reversed a trial court's dismissal of a legal malpractice complaint, holding that the appellant adequately stated a cause of action by alleging that his attorney negligently allowed lawsuits to be dismissed for failure to prosecute, resulting in claims being barred by the statute of limitations.
The appellant stated a sufficient cause of action for legal malpractice. Although the complaint was not a model pleading, it adequately alleged all three required elements: the attorney's employment, his neglect of a reasonable duty, and proximate causation of loss to the client. The trial court therefore erred in dismissing the complaint.
[1] A complaint must contain a short and plain statement of the ultimate facts indicating entitlement to relief to state a cause of action.
[2] When determining whether a complaint states a cause of action, a court must assume all alleged facts are true and draw all reasonable inferences in favor of the pleader.
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Join FLexlaw to unlock all legal intelligence“In order to state a cause of action, a complaint need only contain a short and plain statement as to the ultimate facts which indicate that the pleader is entitled to relief.”
Establishes the liberal pleading standard for stating a cause of action under Florida rules
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Join FLexlaw to unlock all legal intelligenceThompson hired attorney Martin to formally appear as counsel of record in pending legal actions on his behalf. Martin negligently allowed those action…
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SCHOONOVER, Acting Chief Judge.
The appellant, R.F. Thompson, challenges an order dismissing his second amended complaint with prejudice. We find that the appellant stated a cause of action for legal malpractice and, accordingly, reverse.
The appellant filed an action for legal malpractice against the appellee, P.W. Martin. The appellant’s second amended complaint alleged in substance that the appel-lee, at the appellant’s request, formally appeared as counsel of record in certain pending legal actions on behalf of the appellant but negligently allowed those actions to be dismissed for failure to prosecute. It was further alleged that the dismissals resulted in the appellant’s claims being forever barred by the statute of limitations, and that as a direct and proximate result of the appellee’s negligence, the appellant was damaged to the extent of the damages which could have been obtained in the dismissed lawsuits.
The appellee subsequently moved to dismiss the second amended complaint. The trial court granted the motion based upon its finding that the appellant failed to state a cause of action, and it entered an order dismissing the action with prejudice. This timely appeal followed.
Although the appellant’s complaint was not a model pleading, we find that it adequately stated a cause of action and was, therefore, improperly dismissed. In order to state a cause of action, a complaint need only contain a short and plain statement as to the ultimate facts which indicate that the pleader is entitled to relief. Fla.R.Civ.P. 1.110(b). Furthermore, in determining whether a complaint states a cause of action, this court must assume that all of the facts alleged in the complaint are true and must draw all reasonable inferences in favor of the pleader. Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA), review denied, 440 So. 2d 353 (Fla.1983).
A cause of action for legal malpractice has three elements: (1) the attorney’s employment and (2) his neglect of a reasonable duty, which (3) is the proximate cause of loss to the client. Hatcher v. Roberts, 478 So. 2d 1083 (Fla. 1st DCA 1985), review denied, 488 So. 2d 68 (Fla. 1986); Weiner v. Moreno, 271 So. 2d 217 (Fla. 3d DCA 1973). Considering the allegations of the second amended complaint in a light most favorable to the appellant and drawing all reasonable inferences therefrom, we find that the required elements of a legal malpractice action were alleged. See, e.g., Dykema v. Godfrey, 467 So. 2d 824 (Fla. 1st DCA 1985). Thus, the trial court erred in dismissing the second amended complaint for failure to state a cause of action.
We also note that, in addition to contending that the second amended complaint did not state a cause of action, the appellee’s motion to dismiss advanced several additional arguments as to why the appellant’s action should be dismissed. A motion to dismiss is not a substitute for a motion for summary judgment, Dunnell v. Malone and Hyde, Inc., 425 So. 2d 646 (Fla. 3d DCA 1983), and in ruling on a motion to dismiss a complaint for failure to state a cause of action, we are confined to a consideration of the allegations found within the four corners of the complaint. Bricker v. Kay, 446 So. 2d 1151 (Fla. 3d DCA 1984). A complaint need only state facts sufficient to indicate that a cause of action exists and need not anticipate affirmative defenses. Hammonds v. Buckeye Cellulose Corp., 285 So. 2d 7 (Fla.1973). Thus, we have not considered any possible defenses to this action that may exist. We, accordingly, reverse the trial court’s ' order dismissing the second amended complaint and remand the cause for further proceedings consistent herewith.
REVERSED AND REMANDED.
FRANK and THREADGILL, JJ., concur.
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Raoul Vienneau v. Metro. Life Ins. Co., 548 So. 2d 856 (Fla. 4th DCA 1989)…e applicable substantive law. [*859] Kutner v. Kalish, 173 So. 2d 763, 765 (Fla. 3d DCA), cert. denied, 183 So. 2d 210 (Fla.1965). See also City of Gainesville Code Enforcement Board v. Lewis, 536 So. 2d 1148 (Fla. 1st DCA 1988); Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). Florida has long adhered to the rule that an employment contract which does not provide for a definite term of employment is terminable at the will of either party without cause. Grappone v. City of Miami Beach, 495 So. 2d 838 (…
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Imogene Fern Cook v. The Sheriff OF Collier Cnty., 573 So. 2d 406 (Fla. 2d DCA 1991)…ss for failure to state a cause of action is not a substitute for a motion for summary judgment, and in ruling on such a motion we are confined to a consideration of the allegations found within the four corners of the complaint. Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). Furthermore, all material allegations of the complaint are taken as true, and the court is not permitted to speculate as to whether the allegations will ultimately be proven. Maciejewski v. Holland, 441 So. 2d 703 (Fla. 2d DCA 19…
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C & J Sapp Publ'g Co. v. Tandy Corp. & First Leasing & Funding of Fla., 585 So. 2d 290 (Fla. 2d DCA 1991)…meets the requirements of this rule, we must strictly confine ourselves to the four corners of the complaint. We must also assume that all of the facts alleged are true and draw all reasonable inferences in favor of the pleader. Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). In order to state a cause of action for fraud, a complaint must allege: (1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) intent by the perso…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Irwin J. Weiner and Mark R. Rubin v. Nelia Moreno, 271 So. 2d 217 (Fla. 3d DCA 1973)
- Hammonds v. Buckeye Cellulose Corp., 285 So. 2d 7 (Fla. 1973)
- Kirkland v. Fla. Dep't of Corr., 2006 WL 3755195 (N.D. Fla. 2024)
- Hatcher v. B.K. Roberts, 478 So. 2d 1083 (Fla. 1st DCA 1985)
- Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA 1983)
- Dykema v. Godfrey, 467 So. 2d 824 (Fla. 1st DCA 1985)
- Rappaport v. Finesod, 425 So. 2d 646 (Fla. 3d DCA 1983)
- Dunnell v. Malone & Hyde, Inc., 425 So. 2d 646 (Fla. 3d DCA 1983)
- A.S. v. State, 446 So. 2d 1151 (Fla. 3d DCA 1984)
- Bricker v. KAY, 446 So. 2d 1151 (Fla. 3d DCA 1984)