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Second District Addresses Limitations Period for Legal Malpractice

Posted: August 13, 2010 Filed under: Case Law, Law-Related News

In Diaz v. Maney, Case No. 2D09-1758 (Fla. 2d DCA Aug. 11, 2010), Florida’s Second District Court of Appeal reaffirmed the rule that “a cause of action for legal malpractice does not accrue until the underlying legal proceeding has been completed on appellate review because, until that time, one cannot determine if there was any actionable error by the attorney.” The court’s opinion in Diaz is noteworthy because, among other reasons, application of the established rule means that Diaz was permitted to sue her former lawyer approximately five years after Diaz learned of the lawyer’s alleged negligence and nine years after the acts giving rise to the claim.

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