JOHN AHLE, APPELLANT,
v.
DOUGLAS S. LYONS AND STINSON, LYONS & SCHUTTE, P.A., APPELLEES
JOHN AHLE, APPELLANT,
DOUGLAS S. LYONS AND STINSON, LYONS & SCHUTTE, P.A., APPELLEES
575 So. 2d 1385
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed.
BASKIN and LEVY, JJ., concur.
Concurrence
FERGUSON, Judge
(concurring).
I agree that the trial court’s refusal to grant a continuance and its dismissal of the plaintiff's legal malpractice action was not an abuse of discretion where the court did not receive a motion for continuance and Ahle’s counsel failed to appear for trial.
The alleged legal malpractice may not have been an act of malpractice in the usual meaning of the term, but a negligent destruction of evidence — a separate cause of action. It is alleged that medical records, essential to a claim for military disability benefits, were misplaced. See Miller v. Allstate, 573 So. 2d 24 (Fla. 3d DCA 1990) and Continental Ins. Co. v. Herman, 576 So. 2d 313 (Fla. 3d DCA 1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Delcina Autustin v. Dade Cnty. Sch. Bd., 766 So. 2d 406 (Fla. 3d DCA 2000)…(stating that without a transcript or proper substitute of the final hearing below “the presumption of correctness which attaches to this final judgment remains intact and we can find no abuse of discretion in this regard.”). See also Ahle v. Lyons, 575 So. 2d 1385 (Fla. 3d DCA 1991) (Ferguson, J. concurring) (refusal to grant continuance and subsequent dismissal of case not abuse of discretion where court did not receive a motion for continuance and counsel failed to appear for trial).…
Authorities Cited
- Miller v. Allstate Ins. Co., 573 So. 2d 24 (Fla. 3d DCA 1990)
- Horton v. Horton, 576 So. 2d 313 (Fla. 3d DCA 1990)