MICHAEL MAGULA AND STEVE MAGULA, APPELLANTS,
v.
ROBERT L. GOSSETT AND GOSSETT, MCDONALD, GOSSETT & CRAWFORD, P.A., APPELLEES
MICHAEL MAGULA AND STEVE MAGULA, APPELLANTS,
ROBERT L. GOSSETT AND GOSSETT, MCDONALD, GOSSETT & CRAWFORD, P.A., APPELLEES
568 So. 2d 1011
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Plaintiffs appeal a judgment on the pleadings entered in favor of defendants in a legal malpractice action. We reverse.
After reviewing the complaint and answer, we are of the opinion that, inarticulate though it may be in some places, the complaint did state a cause of action and factual questions remain. Therefore, judgment on the pleadings was inappropriate in this instance. McAbee v. Edwards, 340 So. 2d 1167 (Fla. 4th DCA 1976); See also General GMC Truck Sales And Serv. v. Simm, 430 So. 2d 998 (Fla. 4th DCA 1983); Riccio v. Stein, 559 So. 2d 1207 (Fla. 3d DCA 1990) rev dismissed, 567 So. 2d 436 (Fla.1990).
REVERSED.
DELL, WALDEN and GUNTHER, JJ., concur.
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Buddy Dwayne Hemphill v. State, 654 So. 2d 301 (Fla. 1st DCA 1995)…la.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), therefore we REVERSE and REMAND for resentenc-ing on those two counts. Resentencing may include restructuring to provide for a proba [*302] tionary period, see Jordan v. State, 568 So. 2d 1011 (Fla.App. 1 Dist.1990). BOOTH, JOANOS and WOLF, JJ., concur.…
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Petron v. State, 710 So. 2d 168 (Fla. 1st DCA 1998)…obation until twenty years had passed for the other three counts, this would create "illegal” sentences. Appellant has completed his sentences for the other three crimes, and we address only the sentence for attempted murder. . Cf. Jordan v. State, 568 So. 2d 1011 (Fla. 1st DCA 1990)(identical sentence challenged on direct appeal and remanded for proper inclusion of probation because it was apparent that the probationary period was of critical importance to the trial court).…
Authorities Cited
- Jacquelyn Yon McABEE v. Edwards, 340 So. 2d 1167 (Fla. 4th DCA 1976)
- Riccio v. Stein, 559 So. 2d 1207 (Fla. 3d DCA 1990)
- Gen. GMC Truck Sales & Serv., Inc. v. J.D. Simm and Rosemary Simm, 430 So. 2d 998 (Fla. 4th DCA 1983)