JUDY KIRSCHENBAUM AND SAMUEL KIRSCHENBAUM, HER HUSBAND, APPELLANTS,
v.
ROGER REHFIELD, SAM BLOOM, SAM BLOOM, P.A., THOMAS P. FEOLA, P.A. AND SAM BLOOM, P.A. AND THOMAS P. FEOLA, P.A. D/B/A BLOOM & FEOLA, APPELLEES
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[*13] PER CURIAM.
This is an appeal by the plaintiffs Judy and Samuel Kirschenbaum from an adverse final summary judgment entered below in an action in which the plaintiffs sought to hold the defendant lawyers herein vicariously responsible for a criminal attack committed against the plaintiff Judy Kirschen-baum by a former investigator of the defendant lawyers.
We affirm the final summary judgment under review because, as a matter of law, the criminal attack sued upon was entirely outside the scope of any apparent agency relationship the former investigator may have had with the defendant lawyers. This is so because (a) the attack in no way furthered the interests of the defendant lawyers who, in fact, represented the plaintiff Judy Kirschenbaum in a pending personal injury claim, and (b) the attack was motivated entirely by a malicious criminal purpose of the former investigator. See, e.g., Perez v. Zazo, 498 So. 2d 463 (Fla. 3d DCA 1986); Sunshine Sec. & Detective Agency v. Wells Fargo Armored Servs. Corp., 496 So. 2d 246 (Fla. 3d DCA 1986); Schwartz v. Zippy Mart, Inc., 470 So. 2d 720 (Fla. 1st DCA 1985); Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076 (Fla. 5th DCA), rev. denied, 478 So. 2d 53 (Fla.1985); see also Gibbs v. Air Canada, 810 F. 2d 1529 (11th Cir.1987).
AFFIRMED.
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Tallahassee Furniture Co., Inc. v. Harrison, 583 So. 2d 744 (Fla. 1st DCA 1991)…1985), overruled on other grounds, Byrd v. Richardson-Greenshields Securities, 552 So. 2d 1099 (Fla.1989); Nazareth v. Herndon Ambulance Service, Inc., 467 So. 2d 1076 (Fla. 5th DCA), rev. denied, 478 So. 2d 53 (Fla.1985); Kirschenbaum v. Rehfield, 539 So. 2d 12 (Fla. 3d DCA 1989); Morrison Motor Co. v. Manheim Services Corp., 346 So. 2d 102 (Fla. 3d DCA 1977), cert. denied, 354 So. 2d 983 (Fla.1978); and Gibbs v. Air Canada, 810 F. 2d 1529 (11th Cir.1987). Restatement (Second) of Agency § 235 (1958) provi…
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Valeri Ivanov v. Sobel, 654 So. 2d 991 (Fla. 3d DCA 1995)…act of the real estate agent who absconded with the buyer’s funds. They could not anticipate the criminal event. The theft did not further the Sobéls’ interests, as sellers. Perez v. Zazo, 498 So .2d 463 (Fla. 3d DCA 1986); Kirschenbaum v. Rehfield, 539 So. 2d 12 (Fla. 3d DCA 1989); cf. Trumbull v. Seawright, 134 So. 2d 829 (Fla. 1st DCA 1961) (where one of two innocent persons must suffer from the wrongful act of a third, the person who made the wrongful act possible must bear the loss), cert. denied, 143 S…
Authorities Cited
- Caryl Antony Vaughn Gibbs v. AIR Canada, 810 F.2d 1529 (11th Cir. 1987)
- Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076 (Fla. 5th DCA 1985)
- Schwartz v. Zippy Mart, Inc., 470 So. 2d 720 (Fla. 1st DCA 1985)
- Perez v. Zazo, 498 So. 2d 463 (Fla. 3d DCA 1986)
- Sunshine Sec. & Detective Agency v. Wells Fargo Armored Servs. Corp., 496 So. 2d 246 (Fla. 3d DCA 1986)