JAMES E. NEWMEYER, APPELLANT,

v.

SOUTHEAST MORTGAGE COMPANY, APPELLEE

Citator

Cited By

• Khalil Burshan, M.D. v. Nat'l Union Fire Ins. Co. OF Pittsburgh, 805 So. 2d 835 (Fla. 4th DCA 2001)
  …damages under the wrongful act doctrine. “The wrongful act doctrine does not create an independent cause of action; instead, it allows a claim for attorney’s fees as special damages” in certain circumstances. State Farm Fire & Cas. Co. v. Pritcher, 546 So. 2d 1060, 1061-62 (Fla. 3d DCA 1989). Certain aspects of the lawsuit below were based on (1) Rosita Burshan’s claim that her accounts should not have been garnished because she was not a party to the New York judgment, and (2) National Union’s failure to re…
• Horowitz v. Edward Laske & Ruth E. Laske, 855 So. 2d 169 (Fla. 5th DCA 2003)
  …wrongful act has caused the plaintiff to litigate with third persons, the wrongful act doctrine permits the plaintiff to recover, as an additional element of damages, plaintiffs third party litigation expense. State Farm Fire & Cas. Co. v. Pritcher, 546 So. 2d 1060, 1061-62 (Fla. 3d DCA 1989). We conclude that this is a claim for damages, including special damages, for legal malpractice. Because Wendt has not alleged a factual basis for legal malpractice claim, as discussed above, count IX also fails. Where t…
• Winselmann v. Reynolds, 690 So. 2d 1325 (Fla. 3d DCA 1997)
  …the “wrongful act doctrine” which permits a plaintiff to recover thüd-party litigation expenses as special damages where the defendant’s wrongful act caused the plaintiff to litigate with the third-party. State Farm Fire & Casualty Co. v. Pritcher, 546 So. 2d 1060, 1061 (Fla. 3d DCA 1989). Specifically, that doctrine provides that: where the wrongful act of the defendant has involved the claimant in litigation with others or placed him (or her) in such relation with others as makes it necessary to incur expe…

Authorities Cited

• Renard v. Kirkeby Hotels, Inc., 99 So. 2d 719 (Fla. 3d DCA 1958)
• Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)
• McCREADY v. The Villas Apts., 379 So. 2d 719 (Fla. 5th DCA 1980)
• Bailey v. Allstate Ins. Co., 218 So. 2d 761 (Fla. 2d DCA 1969)