GONZALEZ
v.
STERN
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A trial court properly dismisses a legal malpractice complaint when the statute of limitations has expired and the plaintiff failed to timely amend the complaint despite prior opportunities.
[1] An appellate order relinquishing jurisdiction to allow a party to obtain a final appealable order does not reinstate a cause of action that has been dismissed.
[2] A party's failure to timely amend a complaint despite prior opportunities to do so, combined with an expired statute of limitations, bars the complaint from proceeding.
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Join FLexlaw to unlock all legal intelligence“There comes a point when litigation must end. We are at that point in the instant case.”
Opening statement of the opinion emphasizing the need for finality in litigation.
Gonzalez filed a legal malpractice action in February 2004 against three defendants. The trial court dismissed the complaint without prejudice in Augu…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ADA ALBORS GONZALEZ,
Appellant,
v. Case No. 5D17-3607
WILLIAM M. STERN, NORMAN D. LEVIN
and JENNIFER L. SLOANE,
Appellees.
________________________________/
Opinion filed April 27, 2018
Non-Final Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.
Ada Albors Gonzalez, Tallahassee, pro se.
Kenneth L. Baker and Amy L. Baker of Wilson Elser Moskowitz Edelman & Dicker LLP, Orlando, for Appellee, Norman D. Levin. No Appearance for other Appellees.
COHEN, C.J.
There comes a point when litigation must end. We are at that point in the instant case. In February 2004, Gonzalez filed a legal malpractice action against Norman Levin, William Stern, and Jennifer Sloane.1 In August 2004, the trial court dismissed the
AFFIRMED.
PALMER and ORFINGER, JJ., concur.
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