STATE OF FLORIDA, PETITIONER,
v.
JOHN WEBER, RESPONDENT
STATE OF FLORIDA, PETITIONER,
JOHN WEBER, RESPONDENT
701 So. 2d 557
Florida Supreme Court (1997)
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Cited by 20 cases
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Opinion of the Court
PER CURIAM.
We have for review a district court decision certifying the following question to be of great public importance:
WHETHER DAVIS [v. UNITED STATES, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994) ], APPLIES TO THE ADMISSIBILITY OF CONFESSIONS IN FLORIDA IN LIGHT OF TRAYLOR v. STATE, 596 So. 2d 957 (Fla.1992)?
Weber v. State, 691 So. 2d 55 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Owen, 696 So. 2d 715 (Fla.1997), we answered this question in the affirmative. Accordingly, consistent with Owen, we quash the decision below and remand for further proceedings.
It is so ordered.
OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur. KOGAN, C.J., dissents.
ANSTEAD, J., recused.
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LAW Off. OF David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So. 2d 962 (Fla. 2007)…“most” or the “vast majority” of legal malpractice claims continue to be unassignable. This Court in Kaplan cited the prior cases from this Court that have addressed the assign-ability issue. We noted that in Forgione v. Dennis Pirble Agency, Inc., 701 So. 2d 557 (Fla.1997), receded from on other grounds by Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755, 757 (Fla.2005), a case that did not involve a legal malpractice issue, we said legal malpractice claims generally involve personal service and iss…1 / 2
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Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005)…Fla. Stat. (2000). In almost all cases, the law is invoked in an overall liquidation, and does not apply in scenarios involving the assignment of single professional malpractice claims of the type at issue in Forgione v. Dennis Pirtle Agency, Inc., 701 So. 2d 557 (Fla.1997), and KPMG Peat Marwick v. National Union Fire Insurance Co., 765 So. 2d 36 (Fla. 2000). For that reason, Forgione and KPMG and the dicta therein discussing the general unassignability of legal malpractice claims are, in my view, completel…1 / 2
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Nat'l Union Fire Ins. Co. OF Pittsburgh v. KPMG Peat Marwick, 742 So. 2d 328 (Fla. 3d DCA 1999)…. 2d 275 (Fla. 4th DCA 1990). Florida law views legal malpractice as a personal tort which cannot be assigned because of “the personal nature of legal services which involve highly confidential relationships.” Forgione v. Dennis Pirtle Agency, Inc., 701 So. 2d 557, 559 (Fla.1997), (citing Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148, 1149 (Fla. 4th DCA 1984)). It is “the unique quality of legal services, the personal nature of attorney’s duty to the client, and the confidentiality of the attorney-cl…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)
- Davis v. United States, 512 U.S. 452 (U.S. 1994)
- State v. Owen, 696 So. 2d 715 (Fla. 1997)
- Weber v. State, 691 So. 2d 55 (Fla. 4th DCA 1997)