Summary Judgment Affirmed by Third District Court of Appeal Using Successor Counsel Defense

Summary Judgment Affirmed by Third District Court of Appeal Using Successor Counsel Defense

The Firm was successful in affirming a summary judgment in favor of a law firm which had allegedly failed to appreciate a one-year statute of limitations which was applicable to a potential claim of quadriplegia arising out of an incident in Puerto Rico.  Partners Rob Klein, Alex Diaz, and associate Andrew Feldman argued that Puerto Rican statute of limitations had not run on the potential claim at the time that the law firm withdrew as counsel, and that there were at least three to four months remaining on the statute.  At the time that the firm withdrew, due to Puerto Rico’s extrajudicial tolling provisions.

That decision was affirmed by Florida’s Third District Court Appeal in Jason Weisser, Esq., et al and Paulo Vasallo, vs. Richard Dolan, Esq., et al.  3D17-123, 2017 WL 5760629 (Fla. 3d DCA Nov. 29, 2017).