Florida District Courts of Appeal, 2001

Carter v. Marshall

Carter v. Marshall
Florida District Courts of Appeal · Decided December 19, 2001 · Green, Northcutt, Whatley
802 So. 2d 459; 2001 Fla. App. LEXIS 17853; 2001 WL 1614210 (Southern Reporter, Second Series)

Carter v. Marshall

Opinion of the Court

PER CURIAM.

The appellant, Clyde Carter, concedes that, generally, a cause of action against a professional person does not accrue until a related underlying lawsuit is concluded. The appellees, Ernest S. Marshall and Ernest S. Marshall, P.A., acknowledge that this principle of law controls in the instant proceeding and that Mr. Carter’s lawsuit against them will not accrue until such time as a final result is reached with respect to Mr. Carter’s cause of action in case no. CA-92-4559 in Manatee County, Florida. See Silvestrone v. Edell, 721 So.2d 1173 (Fla. 1998).

We therefore affirm the summary judgment entered on behalf of Ernest S. Marshall and Ernest S. Marshall, P.A., against Mr. Carter without prejudice to Mr. Carter’s refiling his lawsuit upon conclusion of the underlying lawsuit.

Affirmed.

WHATLEY, A.C.J., and NORTHCUTT and GREEN, JJ., concur.

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