Washington v. Fireman's Fund Ins. Co.

Full title: JOHNNY WASHINGTON, SR., ETC., APPELLANT, v. FIREMAN'S FUND INSURANCE…

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 28, 1984

459 So. 2d 1148 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1816.

November 28, 1984.

Appeal from the Circuit Court, Broward County, Lawrence L. Korda, J.

Marcia E. Levine of Fazio Dawson DiSalvo, Fort Lauderdale, for appellant.

William D. Ricker, Jr., of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellee Fowler, White, Burnett, Hurley, Banick Strickfoot, P.A.

PER CURIAM.

Appellant appeals from an order dismissing his complaint with prejudice on the grounds that an action for legal malpractice is not assignable. We affirm.

The assignability of a legal malpractice action is apparently a question of first impression in this state. A majority of jurisdictions prohibit the assignment of such actions because of the personal nature of legal services which involve highly confidential relationships. See Chaffee v. Smith, 98 Nev. 222, 645 P.2d 966 (1982); Clement v. Prestwich, 114 Ill. App.3d 479, 70 Ill.Dec. 161, 448 N.E.2d 1039 (1983); Joos v. Drillock, 127 Mich. App. 99, 338 N.W.2d 736 (1982); Christison v. Jones, 83 Ill. App.3d 334, 39 Ill.Dec. 560, 405 N.E.2d 8 (1980); Goodley v. Wank Wank, Inc., 63 Cal.App.3d 389, 133 Cal.Rptr. 83 (1976). We agree with the majority. As a matter of public policy, we cannot permit enforcement of a legal malpractice action which has been transferred by assignment.

Accordingly, this court affirms the trial court's dismissal of the complaint with prejudice.

LETTS, HERSEY and GLICKSTEIN, JJ., concur.