Justia Professional Malpractice & Ethics Opinion SummariesArticles Posted in Florida Supreme Court
Arch Insurance Co. v. Kubicki Draper, LLP
In this legal malpractice action by an insurer against a law firm retained to represent its insured in a separate prior litigation, the Supreme Court held that, where the insurer had a duty to defend, the insurer had standing through its contractual subrogation provision to maintain the malpractice action against counsel hired to represent the insured.The trial court granted summary judgment in favor of the law firm, concluding that the insurer lacked standing to directly pursue a legal malpractice action because there was no privity between the law firm and the insurer. The Fourth District Court of Appeal affirmed, concluding that the insurer lacked standing to pursue the professional negligence action. The Supreme Court quashed the decision below, holding that the insurer had standing to maintain this legal malpractice action because the insurer was contractually surrogated to the insured's rights under the insurance policy. View "Arch Insurance Co. v. Kubicki Draper, LLP" on Justia Law
Inquiry Concerning A Judge, No. 09-01 Re: N. James Turner
The court reviewed the recommendation of the Florida Judicial Qualifications Commission (JQC) that N. James Turner, Circuit Judge, be removed from office for a series of violations of the Code of Judicial Conduct. After considering all the evidence presented and conducting a final hearing, the Investigative Panel of the JQC found Judge Turner guilty of six specific charges as well as a separate charge asserting that certain specific charges constituted a pattern of misconduct. The court accepted the Panel's findings of guilt with respect to five of the specific charges, as well as the charge of a pattern of misconduct. The court removed Judge Turner from office based on these violations. The court did not reach the other specific charge - a charge regarding the solicitation of campaign contributions, which Judge Turner challenged on constitutional grounds. View "Inquiry Concerning A Judge, No. 09-01 Re: N. James Turner" on Justia Law
Hill v. Davis, Etc.
This case arose when respondent, a resident of New York, filed a petition for administration asserting that he was entitled to be appointed personal representative of the estate of the decedent because he was the decedent's stepson and was nominated as personal representative in the will. At issue was whether an objection to the qualifications of a personal representative of an estate was barred by the three-month filing deadline set forth in section 733.212(3), Florida Statutes, a provision of the Florida Probate Code, when the objection was not filed within the statutory time frame. The court held that section 733.212(3) barred an objection to the qualifications of a personal representative, including an objection that the personal representative was never qualified to serve, if the objection filed under this statute, except where fraud, misrepresentation, or misconduct with regard to the qualifications was not apparent on the face of the petition or discovered within the statutory time frame. Accordingly, because fraud, misrepresentation, or misconduct was not alleged in relation to the objection to the personal representative in this case, the court approved the decision of the First District Court. The court also held that, to the extent that the decision of the Third District Court in Angelus v. Pass involved allegations of fraud or misrepresentation not revealed in the petition for administration, the court approved the result in Angelus. However, the court disapproved Angelus to the extent that it held section 733.212(3) did not bar objections that a personal representative was never qualified to serve. View "Hill v. Davis, Etc." on Justia Law