51 So. 3d 530
Fla. Dist. Ct. App.2010Background
- Arce appeals a final summary judgment for Haas on a legal malpractice claim.
- The malpractice claim concerns events surrounding a settlement agreement between Beaufort and Arce in a related personal injury action.
- Beaufort obtained a stipulated judgment against Arce for $450,000.
- Haas was retained by Arce's insurer, GEICO, to defend Arce in the Beaufort action.
- There are disputed facts about the scope of the alleged settlement and the timing of events leading to the judgment, which the trial court resolved in Haas's favor.
- The appellate court reverses and remands for reconsideration under the correct standard and with the disputed facts proceeding to trial if necessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disputed facts preclude summary judgment | Arce asserts material facts about the settlement scope/timing remain unresolved. | Haas contends the record shows no genuine issue of material fact. | Disputed facts exist; summary judgment improper. |
| Whether the trial court applied the correct standard | Trial court improperly weighed evidence and predicted outcome. | Court should assess only material facts, not weight the evidence. | Correct standard requires remand for reconsideration. |
Key Cases Cited
- Estate of Githens ex rel. Seaman v. Bon Secours-Maria Manor Nursing Care Ctr., Inc., 928 So.2d 1272 (Fla. 2d DCA 2006) (summary-judgment standard and weighing facts prohibition)
- Bermont Lakes, LLC v. Rooney, 980 So.2d 580 (Fla. 2d DCA 2008) (summary judgment not to weigh credibility; disputed facts preclude entry)
- Bishop v. City of Clearwater, 258 So.2d 337 (Fla. 2d DCA 1972) (judicial reliance on ultimate outcome inappropriate at summary stage)
- Benson v. Atwood, 177 So.2d 380 (Fla. 1st DCA 1965) (chances of success cannot drive summary judgment)
- Jones v. Stoutenburgh, 91 So.2d 299 (Fla.1957) (credibility not resolved on summary judgment)
- Williams v. Bd. of Pub. Instruction of Flagler Cnty., 61 So.2d 493 (Fla.1952) (standard on summary judgment requires no weighing of evidence)
- Strickland v. Strickland, 456 So.2d 583 (Fla. 2d DCA 1984) (disputes about material facts require denial of summary judgment)