Thursday, November 5, 2009

Florida Supreme Court Resolves Statute Of Limitation Conflict For Legal Malpractice Claims

In Larson & Larson, P.A., Et Al. v. TSE Industries, Inc. (SC08-428),  the Florida Supreme Court resolved a conflict between TSE Industries, Inc. v. Larson & Larson, P.A., 987 So. 2d 687 (Fla. 2d DCA 2008) and Integrated Broadcast Services, Inc. v. Mitchel, 931 So. 2d 1073 (Fla. 4th DCA 2006), regarding when the two-year statute of limitations begins to run on a legal malpractice claim.  The court held:
The Second District held in Larson that where the judgment underlying a litigation-related legal malpractice claim is final, the statute of limitations does not begin to run until the final disposition of motions for sanctions. On similar facts, however, the Fourth District in Mitchel held that the limitations period on a legal malpractice claim began to run on the underlying judgment when that judgment was final but did not begin to run with respect to a subsequent sanctions judgment until the sanctions judgment became final. As we explain below, we agree with the Fourth District‟s decision in Mitchel.


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