DANIEL SAWYER, APPELLANT,
v.
DENNIS EDWARD BOOTHE, VINCEN A. BOOTHE, REBECCA BOOTHE, ELAINE DANIELLE BOOTHE, VANESSE BOOTHE, APPELLEES
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Affirmed dismissal of legal malpractice complaint because plaintiff's postconviction relief order, which was based on his guilty plea rather than actual innocence, negated the innocence element required for such claims.
A legal malpractice claim against a criminal defense attorney requires proof of both postconviction relief and actual innocence, and when postconviction relief is granted based on a guilty plea rather than exoneration, the complaint cannot state a cause of action.
[1] A criminal defendant's legal malpractice claim against trial counsel requires proof of both postconviction relief and actual innocence, and the claim fails when postconvi…
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Join FLexlaw to unlock all legal intelligence“If a complaint does not state a cause of action, the opportunity to amend a complaint should be liberally given, unless it is apparent the pleading cannot be amended to state a cause of action.”
Standard for when dismissal with prejudice is appropriate despite erroneous reasoning by trial court.
Daniel Sawyer alleged his criminal trial attorney committed legal malpractice by failing to convey a plea offer. His postconviction relief was granted…
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Daniel Sawyer appeals an order dismissing with prejudice his complaint in which he alleged that the attorney who represented him at a criminal trial committed legal malpractice. Although the trial court erred when it dismissed the complaint based on the statute of limitations, we nevertheless affirm the dismissal with prejudice because it is apparent the complaint cannot be amended to state a cause of action. See Samuels v. King Motor Co. of Fort Lauderdale, 782 So.2d 489, 495 (Fla. 4th DCA 2001) (“If a complaint does not state a cause of action, the opportunity to amend a complaint should be liberally given, unless it is apparent the pleading cannot be amended to state a cause of action.”).
For his legal malpractice claim to be successful, Sawyer needed to prove that he had obtained postconviction relief and that he was actually innocent. See Cira v. Dillinger, 903 So.2d 367, 370-71 (Fla. 2d DCA 2005). Attached to the complaint was a postconviction order vacating Sawyer’s sentence and allowing him to plead guilty. The stated basis for the postconviction relief was Sawyer’s testimony that he was guilty and would have pleaded guilty had his attorney conveyed a plea offer to him. Therefore, in establishing the “exoneration” element of his legal malpractice claim, Sawyer has negated the “innocence” element and he cannot state a cause of action. Because the trial court reached the correct result, albeit for the wrong *295reasons, we affirm. See Robertson v. State, 829 So.2d 901, 906 (Fla.2002).
Affirmed.
ALTENBERND and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Swett v. State, 829 So. 2d 901 (Fla. 2002)
- Robertson v. State, 829 So. 2d 901 (Fla. 2002)
- Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001)
- Worlen Guy Knighten v. State, 782 So. 2d 489 (Fla. 2d DCA 2001)
- Ismail Cira and Lirije Cira v. Dellinger, 903 So. 2d 367 (Fla. 2d DCA 2005)