WILLIAM MAXAKOULIS, APPELLANT,
v.
SCOTT F. KOTLER, TUCKER & KOTLER, P.A., MICHAEL I. KOTLER AND SCHWARTZ, GOLD, COHEN, ZAKARIN & KOTLER, P.A., APPELLEES
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Affirmed summary judgment for defendants in legal malpractice case where plaintiff failed to establish economic damages because his mother paid the attorney fees at issue and he had no obligation to reimburse her.
A plaintiff cannot recover attorney's fees paid by a third party when the plaintiff has no obligation to reimburse that third party.
[1] A plaintiff cannot recover attorney's fees as economic damages in a legal malpractice action when a third party paid those fees and the plaintiff has no obligation to rei…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where there is no proof of damages, there can be no recovery.”
Court citing Broxmeyer v. Elie to support the principle that damages must be proven to sustain a malpractice claim.
Maxakoulis sued his former attorneys for professional malpractice and claimed economic damages consisting of attorney's fees he allegedly paid for cri…
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DAMOORGIAN, J.
William Maxakoulis sued Scott F. Kot-ler, Tucker & Kotler, P.A., Michael I. Kot-ler, and Schwartz, Gold, Cohen, Zakarin & Kotler, P.A. for professional malpractice. The trial court granted the Defendants’ motions for summary judgment on the grounds that Maxakoulis was not entitled to recover any of the damages he claimed. We affirm on all points, and write to address the issue of economic damages.
In his claim for economic damages, Max-akoulis asserts that he is entitled to recover the attorney’s fees he paid to Scott Kotler and Michael Kotler to represent him in his criminal case and the attorney’s fees he paid to other attorneys to represent him in his post-conviction motions. However, it is undisputed that Maxakoulis’ mother paid these fees on his behalf and that he has no obligation to reimburse her. Thus, the undisputed facts show that Max-akoulis did not suffer any loss and is not entitled to relief. See Broxmeyer v. Elie, 647 So. 2d 893 (Fla. 4th DCA 1994) (“Where there is no proof of damages, there can be no recovery.”). The trial court properly granted summary judgment on these grounds. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000) (summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to a judgment as a matter of law). Accordingly, we affirm.
Affirmed.
STONE and WARNER, JJ., concur.
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Citator
Authorities Cited
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- Broxmeyer v. Elie, 647 So. 2d 893 (Fla. 4th DCA 1994)