MIAMI BEACH COMMUNITY CHURCH, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPELLANT,
v.
FRED R. STANTON, L. JULES ARKIN, JOHN CONSTANTINO, JR., NICHOLAS M. DANIELS, LYLE DONALD HOLCOMB, JR., ELLEN ROSE, LEE ROSE, JR., DAVID I. SAFER, AND HOWARD A. SEITLIN, AS GENERAL PARTNERS OF THERREL BAISDEN & MEYER WEISS, A GENERAL PARTNERSHIP, APPELLEES
MIAMI BEACH COMMUNITY CHURCH, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPELLANT,
FRED R. STANTON, L. JULES ARKIN, JOHN CONSTANTINO, JR., NICHOLAS M. DANIELS, LYLE DONALD HOLCOMB, JR., ELLEN ROSE, LEE ROSE, JR., DAVID I. SAFER, AND HOWARD A. SEITLIN, AS GENERAL PARTNERS OF THERREL BAISDEN & MEYER WEISS, A GENERAL PARTNERSHIP, APPELLEES
611 So. 2d 538
Florida District Court of Appeal, Third District (1992)
Caution
Cited by 93 cases
Opinion of the Court
PER CURIAM.
We affirm based on the rule that a frustrated beneficiary of a will does not have a legal malpractice action against the testator’s lawyer unless the testator’s intent as expressed in the will, not as shown by extrinsic evidence, is frustrated due to the lawyer’s negligence. Espinosa v. Sparber, Shevin, Shapo, Rosen & Heilbronner, 586 So. 2d 1221 (Fla. 3d DCA 1991); Lorraine v. Grover, Ciment, Weinstein & Stauber, P.A., 467 So. 2d 315 (Fla. 3d DCA 1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (56 total)
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Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)…the plaintiff had amended once before a responsive pleading had been served and once again after the defendant filed an answer, the trial court abused discretion in refusing leave to amend the second amended complaint); Kohn v. City of Miami Beach, 611 So. 2d 538, 539 (Fla. 3d DCA 1992) (holding that the trial court did not abuse its discretion where the plaintiff failed in four attempts to cure the defects in the complaint); Bouldin v. Okaloosa County, 580 So. 2d 205, 207 (Fla. 1st DCA 1991) (stating that w…
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Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)…nless the privilege has been abused.”). However, “as an action progresses, the privilege of amendment progressively decreases to the point that the trial judge does not abuse his discretion in dismissing with prejudice.” Kohn v. City of Miami Beach, 611 So. 2d 538, 539 (Fla. 3d DCA 1992) (citation omitted). Gladstone amended his complaint ten times in this case. In Kohn, the appellant amended his complaint four times prior to having his claim dismissed with prejudice. The Kohn court recognized that: There i…
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Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001)…tiff has been allowed leave to amend may impact whether justice requires granting leave to amend, in the sense that a court should consider the effect defending against frivolous litigation would have on a defendant, see Kohn v. City of Miami Beach, 611 So. 2d 538, 539 (Fla. 3d DCA 1992), considerations of justice do not revolve solely around the impact on a defendant of extending litigation. As this Court has stated, “A claim should not be dismissed with prejudice ‘without giving the plaintiff an opportunity…
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- Olive Lorraine v. Grover, Ciment, Weinstein & Stauber, P.A., 467 So. 2d 315 (Fla. 3d DCA 1985)
- Espinosa v. Sparber, 586 So. 2d 1221 (Fla. 3d DCA 1991)