Aviation Performance Solutions, LLC v. Hinshaw & Culbertson, LLP

Summary

The Florida Fourth District Court of Appeal reversed summary judgment for Hinshaw & Culbertson, LLP, in a legal malpractice action arising from allegedly negligent representation in an aircraft-sale arbitration and related proceedings. The court held that settling the arbitration and dismissing an appeal of a fee judgment did not necessarily constitute abandonment of the malpractice claim because genuine issues remained regarding whether those proceedings could have cured all of the alleged harm. The case was remanded for further proceedings.

Holdings

1. A client's settlement of underlying or related litigation and failure to complete appellate review do not automatically bar a legal-malpractice claim when the existence of redressable harm does not depend on the outcome of that litigation.
2. The defendants did not establish that pursuing the new arbitration or the fee appeal would have cured all of Aviation Performance Solutions' redressable damages.
3. Summary judgment was improper because genuine issues of material fact and law remained regarding whether the alleged malpractice caused redressable harm and whether further proceedings could have cured that harm.

Questions Presented

1. Whether settlement of the underlying arbitration and dismissal or abandonment of an appeal from a related fee judgment automatically constituted abandonment of the legal-malpractice claim.
2. Whether the defendants established on summary judgment that further arbitration or appellate proceedings would likely have cured all of the appellant's redressable damages.
3. Whether genuine issues of material fact and law remained concerning causation and redressable harm in the legal-malpractice action.

Disposition

reversed_and_remanded