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De Varona v. De Souza

District Court of Appeal of Florida, Third District
Aug 21, 2002
824 So. 2d 985 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D02-1845.

August 21, 2002.

A Writ of Certiorari to the Circuit Court for Miami-Dade County, Eleanor Schockett, Judge.

Hinshaw Culbertson and Gina E. Caruso (Ft. Lauderdale), for petitioner.

Gary W. Pollack, Coral Gables, for respondent.

Before SCHWARTZ, C.J., GERSTEN and SHEVIN, JJ.


We grant the petition for writ of certiorari in part. As the respondent's counsel commendably concedes, the trial court erred in denying petitioner's motion to abate the legal malpractice claim. Perez-Abreu, Zamora De La Fe, P.A. v. Taracido, 790 So.2d 1051 (Fla. 2001). That portion of the order declining to abate count III of respondent's complaint is hereby quashed and shall be abated on remand. This same reasoning, however, does not compel abatement of the fraudulent inducement claim asserted in count IV. The petition is denied as to count IV.

Certiorari granted in part; denied in part and remanded.


Summaries of

De Varona v. De Souza

District Court of Appeal of Florida, Third District
Aug 21, 2002
824 So. 2d 985 (Fla. Dist. Ct. App. 2002)
Case details for

De Varona v. De Souza

Case Details

Full title:Raul J. Sanchez DE VARONA, an individual, Petitioner, v. Carlos DE SOUZA…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 21, 2002

Citations

824 So. 2d 985 (Fla. Dist. Ct. App. 2002)