446 SO2D 1151 - Bricker v. Kay

How this case has been cited

Cited by 7 later decisions — most recently November 2016

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *1152 Harold M. Braxton, Miami, for appellant.

¶2Howard I. Kay, pro se.

¶3Arnold Ginsberg, Miami, for appellee.

¶4Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

¶5PER CURIAM.

¶6Ten days before expiration of the statute of limitations appellee-defendant, an attorney at law, was retained to institute a lawsuit against "Lum's Restaurant Corp." After expiration of the time within which suit could commence it was learned that the wrong defendant was named. The complaint was dismissed with prejudice. Plaintiff then instituted this action against the attorney alleging legal malpractice. The complaint, as amended, was dismissed for failure to state a cause of action.

¶7The only determination the court undertakes in considering a motion to dismiss for failure to state a cause of action is whether, upon examination of the four corners of the complaint, the allegations are sufficient to sustain a claim for relief. Augustine v. Southern Bell Telephone & Telegraph Co.,91 So.2d 320 (Fla. 1956). Whether plaintiff can prove negligence on the part of defendant is not at issue. We have examined the complaint and find no deficiency.

¶8Reversed and remanded.