JAY S. WANDER AND ROY WANDER, INDIVIDUALLY AND PERSONAL REPRESENTATIVES OF THE ESTATE OF ARNOLD WANDER, DECEASED, APPELLANTS,
v.
GEORGE L. MOXON D/B/A GEORGE L. MOXON, ESQUIRE; THOMAS (THOMAS A.) & ASSOCIATES, P.A., A FLORIDA PROFESSIONAL ASSOCIATION; THOMAS A. THOMAS, JR.; AND FRANK THOMAS, II, APPELLEES
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The court held that it lacked jurisdiction to review the summary judgment against one defendant due to untimely appeal, but reversed summary judgments against other defendants because factual issues precluded summary disposition.
Plaintiffs appealed summary judgments entered in favor of their former attorneys in a legal malpractice action. One summary judgment was entered over …
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FARMER, Judge.
Plaintiffs appeal a series of final summary judgments in favor of all defendants in their two count legal malpractice action filed against attorneys, Thomas A. Thomas, Frank Thomas, and their firm, Thomas A. Thomas •& Associates, P.A., as well as attorney George L. Moxon. We reverse.
The summary judgment as to all claims against Thomas A. Thomas was entered well over a year before this appeal was taken. According to rule 9.110(k), Florida Rules of Appellate Procedure, “[i]f. a partial final judgment totally disposes of an entire case as to any party, it must be appealed within thirty days of rendition.” We therefore lack jurisdiction to review this particular summary judgment because of the failure to appeal the judgment within 30 days of rendition.
As to the summary judgments against the remaining defendants, we conclude that plaintiffs’ affidavit in opposition to the motions demonstrates the existence of material factual issues. We therefore reverse these summary judgments, and remand with instructions to allow plaintiffs to present evidence in support of their claims against the remaining defendants.
REVERSED AND REMANDED WITH DIRECTIONS.
ANSTEAD and POLEN, JJ., concur.
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Wander v. Moxon, 624 So. 2d 409 (Fla. 4th DCA 1993)…s court reversed the final summary judgment as to defendants Frank Thomas, II and Thomas (Thomas A.) & Associates, P.A. and remanded the cause with instructions to allow the plaintiffs to present evidence in support of their claims. Wander v. Moxon, 619 So. 2d 979 (Fla. 4th DCA 1993). Accordingly, the cost judgment is reversed and this cause remanded for further proceedings consistent herewith. REVERSED and REMANDED. ANSTEAD, FARMER and PARIENTE, JJ., concur.…