ROBERT ROBINSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Tarleton v. Arnstein & Lehr, 719 So. 2d 325 (Fla. 4th DCA 1998)
  …2d 46 (Fla. 3d DCA 1997); see Fernandes v. Barrs, 641 So. 2d 1371, 1375 (Fla. 1st DCA 1994); Bolves, 629 So. 2d at 200. This requirement has resulted in a legal malpractice action being referred to as a “trial within a trial.” Silvestrone v. Edell, 701 So. 2d 90, 92 (Fla. 5th DCA 1997)(Sharp, J., dissenting); see Michael Kovach, P.A. v. Pearce, 427 So. 2d 1128, 1129 (Fla. 5th DCA 1983). To prevail on the malpractice claim, the client has to prove that she would have prevailed on the underlying action but fo…
• Fremont Indem. Co. v. Carey, 796 So. 2d 504 (Fla. 2001)
  …re to communicate the settlement demand was learned by Fremont. I would not disapprove Breakers. Accordingly, I respectfully dissent. . I recognize that Judge Sharp’s dissent in the Fifth District Court of Appeal's decision in Silvestrone v. Edell, 701 So. 2d 90 (Fla. 5th DCA 1997), expressly notes that one of the bases of Silvestrone’s claims against his attorneys was the failure to remit settlement offers. See id. at 92. However, our decision in Sil-vestrone did not consider the failure to remit settlemen…
• Rivero v. Howard, 218 So. 3d 992 (Fla. 3d DCA 2017)
  …but for the attorney’s negligence, the plaintiff would have prevailed on the underlying claim (here, .false arrest or malicious prosecution). See, e.g., Gunn v. Minton, 568 U.S. 251, 133 S.Ct. 1059, 1065, 185 L.Ed.2d 72 (2013); Silvestrone v. Edell, 701 So. 2d 90, 92 (Fla. 5th DCA 1997), rev’d on other.grounds, 721 So. 2d 1173 (Fla. 1998). . In addition to finding that Rivero could not establish a viable claim of false arrest against Salgado and Fuentes, the trial court also found that Rivero could not esta…

Authorities Cited

• Faretta v. California, 422 U.S. 806 (U.S. 1975)
• State v. Bowen, 698 So. 2d 248 (Fla. 1997)
• Hill v. State, 688 So. 2d 901 (Fla. 1996)