MICHAEL MAGULA, A MINOR, STEVE MAGULA AS NEXT BEST FRIEND, AND STEVE MAGULA AND DOROTHY MAGULA, INDIVIDUALLY, APPELLANTS,
v.
DR. CHARLES INFANTE, D.D.S., NORTH BROWARD HOSPITAL DISTRICT D/B/A BROWARD GENERAL MEDICAL CENTER, AND MANUEL DIEZ, M.D., APPELLEES
Explore caselaw by topic → Browse Extrinsic Fraud cases and more on FLexlaw
PER CURIAM.
Appellants appeal the dismissal of their complaint which attempts to reopen a medical malpractice action against appellees. That action was terminated favorably to appellees several years ago. Appellants claim extrinsic fraud because of the legal malpractice of appellants’ attorney in the prior case. Appellant conceded at oral argument that he did not claim that there was any fraud committed by appellees or any collusion between appellees and appellants’ former attorney. There is a pending malpractice claim against the former attorney.
We affirm, as allegations of legal malpractice against the attorney do not constitute extrinsic fraud so as to set aside the judgment. Parker v. Parker, 585 So. 2d 328 (Fla. 4th DCA 1991); Calehuff v. Calehuff, 433 So. 2d 1021 (Fla. 4th DCA 1993).
ANSTEAD, HERSEY and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gordon v. Gordon, 625 So. 2d 59 (Fla. 4th DCA 1993)…ements and try every case filed (summary judgments not being available in most cases). Id. at 45. . Such a lengthy delay may always be defended on the basis of taches, but this usually involves an evidentiary presentation. . See Magula v. Infante, 616 So. 2d 1191 (Fla. 4th DCA 1993). . Lamb is readily distinguishable because there was no criminal behavior involved in that case. The petitioner was completely innocent of any wrongdoing and her rights with respect to her children were threatened by a spouse wh…
Authorities Cited
- Parker v. Parker, 585 So. 2d 328 (Fla. 4th DCA 1991)
- Chapman v. State, 433 So. 2d 1021 (Fla. 3d DCA 1983)
- Calehuff v. Calehuff, 433 So. 2d 1021 (Fla. 4th DCA 1983)