Success In Dismissing Malpractice Complaint for Divorce Attorney Client

Success In Dismissing Malpractice Complaint for Divorce Attorney Client

Following a six-day evidentiary hearing on a Sworn Motion to Strike the Plaintiff’s Complaint as a Sham Pleading, a Miami Dade Circuit Court entered a 15 page written order dismissing a plaintiff’s legal malpractice lawsuit against her former divorce attorney with prejudice. At the evidentiary hearing, Klein Glasser attorneys Rob Klein and Mark Sullivan presented extensive testimony and documentary evidence from the underlying divorce proceeding which demonstrated that virtually every allegation of the malpractice complaint was false. Although the Plaintiff blamed her divorce attorney for her protracted and bitter divorce, the court held that “Given the sheer quantity of allegations that are either (1) demonstrably false when compared to the record, or (2) based on positions that Keren would be legally precluded from asserting at trial, the Court finds that this case meets the admittedly high burden set forth in Rhea v. Hackney and other cases discussing summary disposition of frivolous cases.” The trial court’s order was affirmed by the Third District Court of Appeal on June 29, 2011.