Florida District Courts of Appeal, 1998

Azuz v. Singer

Azuz v. Singer
Florida District Courts of Appeal · Decided January 28, 1998 · Gross, Klein, Stone
708 So. 2d 292; 1998 Fla. App. LEXIS 624; 1998 WL 27301 (Southern Reporter, Second Series)

Azuz v. Singer

Opinion of the Court

PER CURIAM.

We reverse, in part, the final order of dismissal for failure to state a cause of action. Appellant’s fourth amended complaint sufficiently alleges acts of attorney negligence by claiming that Appellee stipulated to the content of a final order which substantially varied from terms authorized by Appellant.

However, as to all other counts and claims, including those for breach of contract, fraud, failure to prepare for trial, failure to oppose a change in venue, and failure to oppose a substitution of opponent’s counsel, we affirm partial dismissal without leave to amend.

We remand for further proceedings solely on Appellant’s claims as to negligence in stipulating to provisions substantially differing from those authorized by Appellant.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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