Florida District Courts of Appeal, 1982

Arrow v. Faye

Arrow v. Faye
Florida District Courts of Appeal · Decided November 2, 1982 · Ferguson, Pearson, Schwartz
422 So. 2d 932; 1982 Fla. App. LEXIS 21574 (Southern Reporter, Second Series)

Arrow v. Faye

Opinion of the Court

PER CURIAM.

It indisputably appears that this action for legal malpractice (arising from the ap-pellee’s alleged failure to prosecute appellants’ action for personal injuries within the appropriate statute of limitations) was filed well within two years of the dismissal of the limitations-barred personal injury action and this court’s affirmance of that dismissal. Therefore, to the extent that appellants’ amended complaint was dismissed below as being without the two-year limitations period fixed for such an action,' see § 95.11(4)(a), Fla.Stat. (1979), such dismissal was error. There being no other discernible basis for the order of dismissal, the order is reversed and the cause remanded for further proceedings.

Reversed and remanded.

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