FBK ASSOCIATES, etc., vs TEW CARDENAS, LLP, etc., et al.
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Third District Court of Appeal State of Florida Opinion filed June 12, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-2509 Lower Tribunal No. 14-4820 ________________ FBK Associates, etc., Appellant, vs. TEW Cardenas, LLP, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge. Crabtree & Auslander, John G. Crabtree, Charles M. Auslander and Brian C. Tackenberg, for appellant. Cole, Scott & Kissane, P.A., and Scott A. Cole, for appellees. Before EMAS, C.J., and FERNANDEZ, and MILLER 1, JJ. PER CURIAM. 1 Did not participate in oral argument. Concluding that there was no genuine issue of material fact in this appeal of a summary judgment order on the legal malpractice action below, we affirm. See Weisser v. Dolan, 253 So. 3d 49, 51 (Fla. 3d DCA 2017) (“This Court reviews summary judgment orders de novo, and summary judgment is only appropriate if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.”) (citing Volusia Cty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000)). “It is well settled that a cause of action for legal malpractice has three elements: ‘(1) the attorney's employment; (2) the attorney's neglect of a reasonable duty; and (3) the attorney's negligence resulted in and was the proximate cause of the loss to the client.’” Weisser, 253 So. 3d at, 51-52 (Fla. 3d DCA 2017) (quoting Sure Snap Corp. v. Baena, 705 So. 2d 46, 48 (Fla. 3d DCA 1997)). Affirmed. 2
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