Categories: Florida Court Opinions

SPOOR v. STATE, 975 So.2d 1233 (Fla.App. 3 Dist. 2008)

1611 EUCLID AVENUE, INC., Appellant, v. RITTER, RITTER ZARETSKY, a limited liability partnership for profit, and Louis Zaretsky, Esq., and Mark Lynn, Esq., Appellees.

No. 3D07-1633.District Court of Appeal of Florida, Third District.
March 12, 2008.

An Appeal from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge.

Arthur J. Morburger; Stephen M. Zukoff, Miami, for appellant.

Gaebe, Mullen, Antonelli, Esco DiMatteo, and Mark R. Antonelli, and Anne C. Sullivan, Coral Gables, for appellees.

Before COPE, GREEN, and WELLS, JJ.

PER CURIAM.

This is an appeal from an order dismissing the plaintiffs fifth amended complaint, with prejudice, for failure to state a cause of action. We reverse. “A legal malpractice action has three elements: 1) the attorney’s employment; 2) the attorney’s neglect of a reasonable duty; and 3) the attorney’s negligence as the proximate cause of loss to the client.” Law Of c. of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla. 2007). The complaint and attached exhibits properly alleged these elements. As such, the dismissal was in error. Accordingly, we remand with instructions that plaintiffs cause be reinstated.

Reversed and remanded.

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