Carter v. Marshall
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
CLYDE CARTER,
Appellant,
v.
ERNEST S. MARSHALL and
ERNEST S. MARSHALL, P.A.,
Appellees.
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CASE NO. 2D01-1427
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Opinion filed December 19, 2001.
Appeal from the Circuit Court
for Manatee County;
Gilbert A. Smith, Senior Judge.
Robert C. Widman of Morris & Widman, P.A.,
Venice, for Appellant.
Robert E. Turffs, Sarasota,
for Appellees.
PER CURIAM.
The appellant, Clyde Carter, concedes that, generally, a cause of action
against a professional person does not accrue until a related underlying lawsuit is
concluded. The appellees, Ernest S. Marshall and Ernest S. Marshall, P.A.,
acknowledge that this principle of law controls in the instant proceeding and that Mr.
Carter’s lawsuit against them will not accrue until such time as a final result is reached with
respect to Mr. Carter’s cause of action in case no. CA-92-4559 in Manatee County,
Florida. See Silvestrone v. Edell, 721 So. 2d 1173 (Fla. 1998).
We therefore affirm the summary judgment entered on behalf of Ernest S.
Marshall and Ernest S. Marshall, P.A., against Mr. Carter without prejudice to Mr. Carter’s
refiling his lawsuit upon conclusion of the underlying lawsuit.
Affirmed.
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WHATLEY, A.C.J., and NORTHCUTT and GREEN, JJ., Concur.
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