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Chipman v. Chonin

District Court of Appeal of Florida, Third District
Apr 14, 1992
597 So. 2d 363 (Fla. Dist. Ct. App. 1992)

Summary

affirming summary judgment on legal malpractice and breach of contract claims where the record was "devoid of any evidence which would support" the plaintiff's claim that the defendant's withdrawal as counsel caused him to lose money damages in an age discrimination case

Summary of this case from Weaver v. Mateer & Harbert, P.A.

Opinion

No. 91-992.

April 14, 1992.

Appeal from the Circuit Court, Dade County, Thomas S. Wilson, Jr., J.

Nolan P. Chipman, in pro. per.

Rumberger, Kirk, Caldwell Wechsler, P.A., F. Laurens Brock and Jodi R. Young, Miami, for appellees.

Before NESBITT, JORGENSON and LEVY, JJ.


Nolan Chipman appeals from a final summary judgment entered in favor of the defendants in a legal malpractice/breach of contract case. We affirm.

A party cannot recover damages for legal malpractice unless it is shown that the lawyer neglected a reasonable duty which was the proximate cause of the client's loss. Davenport v. Store, 528 So.2d 45 (Fla. 3d DCA 1988). In breach of contract actions, a plaintiff may recover only if the damages were a proximate result of the breach. Tuttle/White Constructors, Inc. v. Montgomery Elevator Co., 385 So.2d 98 (Fla. 5th DCA 1980). Chipman alleged in his complaint that the defendant's withdrawal as counsel caused him to lose monetary damages in an age discrimination case. However, the record is devoid of any evidence which would support this claim. Any loss of these damages must be attributable to Chipman himself, since he chose to voluntarily accept his former employer's settlement offer. Accordingly, the trial court correctly entered final summary judgment in favor of the defendants. See Vukovich v. Leo, 447 So.2d 1012 (Fla. 3d DCA 1984) (where reasonable minds cannot differ, proximate cause becomes a question of law).

The record indicates that: (1) the defendant properly withdrew from the case ten months before trial was scheduled; (2) Chipman engaged new counsel; and (3) Chipman fired his new counsel approximately four weeks before the start of trial.

Affirmed.


Summaries of

Chipman v. Chonin

District Court of Appeal of Florida, Third District
Apr 14, 1992
597 So. 2d 363 (Fla. Dist. Ct. App. 1992)

affirming summary judgment on legal malpractice and breach of contract claims where the record was "devoid of any evidence which would support" the plaintiff's claim that the defendant's withdrawal as counsel caused him to lose money damages in an age discrimination case

Summary of this case from Weaver v. Mateer & Harbert, P.A.

stating that "where reasonable minds cannot differ, proximate cause becomes a question of law"

Summary of this case from Belliard v. Vincenti

stating that "where reasonable minds cannot differ, proximate cause becomes a question of law."

Summary of this case from USA Interactive v. Dow Lohnes & Albertson, P.L.L.C.

In Chipman, the plaintiff had retained the services of the defendant-attorney to represent him in an age discrimination suit against his former employer.

Summary of this case from Jones v. Law Firm of Hill and Ponton

In Chipman, the plaintiff had retained the services of the defendant-attorney to represent him in an age discrimination suit against his former employer.

Summary of this case from Jones v. Law Firm of Hill and Ponton
Case details for

Chipman v. Chonin

Case Details

Full title:NOLAN P. CHIPMAN, APPELLANT, v. NEIL CHONIN, ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Apr 14, 1992

Citations

597 So. 2d 363 (Fla. Dist. Ct. App. 1992)

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