Trial Court Order dismissing a legal malpractice claim with prejudice

Trial Court Order dismissing a legal malpractice claim with prejudice

In another opinion from Florida’s Third District Court of Appeal, Rob Klein and Yelena Shneyderman were again successful in affirming a Trial Court Order dismissing a legal malpractice claim with prejudice, based upon application of Florida’s judicial immunity. The law firm defendant had been sued when it failed to discharge a number of garnishment writs, which had sought to garnish accounts in various offshore banks, belonging to a judgment debtor, whom the defendant lawyer had sued successfully in a Federal Securities proceeding. The Defendant attorney had successfully pursued the various writs of garnishment, but had failed to discharge the writs, even after the underlying judgment was satisfied. The firm argued that the lawyers’ conduct was not subject to a civil suit, even assuming that the writs should have been discharged once the underlying judgment was satisfied, since the writs were an ancillary proceeding, related to the underlying securities litigation. Thus, the firm argued that all of the actions undertaken by the defendant attorney were privileged, as a matter of law.