TUER
v.
MICHAEL P. MADDUX P.A.
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In this case, inmate Thomas Tuer appealed from the dismissal of his civil action against his former attorneys Michael P. Maddux, P.A., Michael P. Maddux, and Gregory M. Ludtka, for alleged professional negligence. The District Court of Appeal affirmed the dismissal, addressing claims arising from the defendants' representation of Tuer in criminal proceedings.
The appellate court affirmed the dismissal of Tuer's civil action against the defendants. The court upheld the trial court's determination that dismissal was appropriate under the applicable procedural standards.
[1] A party seeking to enforce a contract against a non-party must demonstrate that the non-party is in privity of contract with the party to the agreement.
[2] Privity of contract requires a direct contractual relationship between the parties.
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Join FLexlaw to unlock all legal intelligenceThomas Tuer, an incarcerated inmate identified by DOC number 679374, filed a civil lawsuit against his former attorneys alleging professional negligen…
The full statement of facts, procedural history, and disposition for this case are member content.
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
THOMAS TUER, DOC #679374, ) ) Appellant, ) ) v. ) Case No. 2D16-5114 ) MICHAEL P. MADDUX P.A., ) MICHAEL P. MADDUX, and ) GREGORY M. LUDTKA, ) ) Appellees. ) )
Opinion filed February 2, 2018.
Appeal from the Circuit Court for Hillsborough County; Richard A. Nielsen, Judge.
Thomas Tuer, pro se.
Michael E. Reed and Alyssa M. Reiter of Wicker Smith O’Hara McCoy & Ford, P.A., Fort Lauderdale, for Appellees Michael P. Maddux P.A. and Michael P. Maddux.
No appearance for remaining Appellee.
PER CURIAM.
Affirmed.
NORTHCUTT, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.