Opinion
No. 81-2560.
November 2, 1982. Rehearing Denied December 16, 1982.
Appeal from the Circuit Court, Dade County, David L. Levy, J.
Alan E. Dubow, Coconut Grove, for appellants.
Saul T. Von Zamft, Coral Gables, for appellee.
Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.
It indisputably appears that this action for legal malpractice (arising from the appellee's alleged failure to prosecute appellants' action for personal injuries within the appropriate statute of limitations) was filed well within two years of the dismissal of the limitations-barred personal injury action and this court's affirmance of that dismissal. Therefore, to the extent that appellants' amended complaint was dismissed below as being without the two-year limitations period fixed for such an action, see § 95.11(4)(a), Fla. Stat. (1979), such dismissal was error. There being no other discernible basis for the order of dismissal, the order is reversed and the cause remanded for further proceedings.
Reversed and remanded.