CLYDE CARTER, APPELLANT,
v.
ERNEST S. MARSHALL AND ERNEST S. MARSHALL, P.A., APPELLEES

Fla. 2d DCA | 2001-12-19
No. 2D01-1427
WHATLEY, A.C.J., and NORTHCUTT and GREEN, JJ., concur.
802 So. 2d 459 Florida District Court of Appeal, Second District (2001) Negative Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Clyde Carter, concedes that, generally, a cause of action against a professional person does not accrue until a related underlying lawsuit is concluded. The appellees, Ernest S. Marshall and Ernest S. Marshall, P.A., acknowledge that this principle of law controls in the instant proceeding and that Mr. Carter’s lawsuit against them will not accrue until such time as a final result is reached with respect to Mr. Carter’s cause of action in case no. CA-92-4559 in Manatee County, Florida. See Silvestrone v. Edell, 721 So. 2d 1173 (Fla.1998).

We therefore affirm the summary judgment entered on behalf of Ernest S. Marshall and Ernest S. Marshall, P.A., against Mr. Carter without prejudice to Mr. Carter’s refiling his lawsuit upon conclusion of the underlying lawsuit.

Affirmed.

WHATLEY, A.C.J., and NORTHCUTT and GREEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Ott Cornelius, II v. State, 913 So. 2d 1176 (Fla. 4th DCA 2005)
    …reement- to plead guilty, then it should have been part of the plea bargain. It was not, and nothing in the plea hearings or plea agreement even mentions reinstatement. We affirm the denial of postconviction relief. We recede from Bilogan v. State, 802 So. 2d 459 (Fla. 4th DCA 2001), to the extent that it suggests that these allegations may constitute grounds for relief and an evidentiary hearing. STEVENSON, C.J., GUNTHER, STONE, WARNER,' POLEN, FARMER, SHAHOOD, GROSS, TAYLOR, HAZOURI, MAY, JJ., concur. KL…
  • Sehnal v. State, 884 So. 2d 478 (Fla. 4th DCA 2004)
    …st date Sehnal was allowed to apply for a work permit license. The two-year time limitation expired after March 22, 2002, thus making her 3.850 motion of November 13, 2003, untimely. [*480] Sehnal relies on this court’s decision in Bilogan v. State, 802 So. 2d 459 (Fla. 4th DCA 2001), for reversal of the trial court’s denial of the motion as untimely. Sehnal’s reliance is unwarranted because Bilogan is distinguishable. In Bilogan, this court reversed the summary denial of a similar motion, noting that Bilogan…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw