Dillard Smith Const. Co. v. Greene, Dillard Smith Const. Co. v. Greene, 337 So. 2d 841 (Fla. Dist. Ct. App. 1976) | District Court of Appeal of Florida, First District | LawTools

Summary

The court held that an attorney's negligent failure to read a contract before giving advice is actionable legal malpractice, as it deprives the client of the attorney's informed judgment, distinguishing it from a mere error in professional judgment which is not actionable. The court reversed the dismissal of a complaint alleging the attorney failed to read a contract's waiver clause before advising the client to accept final payment, resulting in the loss of a claim against the Jacksonville Electric Authority.

Holdings

A lawyer does not guarantee the efficacy of his advice; contractual interpretations made in good faith and with ordinary skill are not actionable simply because a court later rules against the client. The allegation that the lawyer negligently misconstrued the contract's 'simple' meaning is insufficient.
Such allegations lack specificity and causative relation to appellant's loss.
No causative effect because the subcontractor's claim was independent of the JEA claim; failure to present an adequate written claim to JEA could not bar the subcontractor's claim.
A lawyer's negligent failure to read a contract may be actionable even if some reasonably careful lawyers might have given the same advice after reading it, because the client is deprived of superior advice from an informed use of judgment.

Questions Presented

Whether the second amended complaint stated a cause of action for legal malpractice based on allegations that the lawyer negligently advised the client regarding final payment and release.

Disposition

reversed_and_remanded

Cases Cited (9)

Jacksonville Elect. Auth. v. Dillard Smith Constr. Co., 299 So. 2d 639 (Fla. App. 1st Dist. 1974), cert. denied, 304 So. 2d 131 (Fla. 1974)(cited)
Kartikes v. Demos, 214 So. 2d 86 (Fla. App. 3d Dist. 1968)(cited)
Hodges v. Carter, 239 N.C. 517, 80 S.E.2d 144, 45 A.L.R.2d 1 (1954)(cited)
Suritz v. Kelner, 155 So. 2d 831 (Fla. App. 3d Dist. 1963), cert. denied, 165 So. 2d 178 (Fla. 1964)(cited)
Martin v. Hall, 20 Cal. App. 3d 414, 97 Cal. Rptr. 730, 53 A.L.R.3d 719 (1971)(cited)
Gleason v. Title Guarantee Co., 300 F.2d 813 (5th Cir. 1962), reh. denied, 317 F.2d 56 (1963)(cited)
Kozy Books, Inc. v. Stillman, 19 A.D.2d 802, 243 N.Y.S.2d 266 (1963)(cited)
Miriam Mascheck, Inc. v. Mausner, 264 So. 2d 859 (Fla. App. 3d Dist. 1972)(cited)
Beymer-Mann Co., Inc. v. Cross-Country Truck Serv., Inc., 245 So. 2d 281 (Fla. App. 2d Dist. 1971)(cited)