MAGULA v. INFANTE

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 92-1472.

Attorney(S)

Steve Magula, pro se. Linda R. Spaulding of Conrad, Scherer, James Jenne, Fort Lauderdale, for appellee — North Broward Hosp. Dist., d/b/a Broward General Medical Center. Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham Lane, P.A., for appellee — Dr. Charles M. Infante, D.D.S.

Judges

PER CURIAM.

See more information ...

Smart Summary

Please sign up to generate summary.

MICHAEL MAGULA, A MINOR, STEVE MAGULA AS NEXT BEST FRIEND, AND STEVE MAGULA AND DOROTHY MAGULA, INDIVIDUALLY, APPELLANTS, v. DR. CHARLES INFANTE, D.D.S., NORTH BROWARD HOSPITAL DISTRICT D/B/A BROWARD GENERAL MEDICAL CENTER, AND MANUEL DIEZ, M.D., APPELLEES.

PER CURIAM.

Appellants appeal the dismissal of their complaint which attempts to reopen a medical malpractice action against appellees. That action was terminated favorably to appellees several years ago. Appellants claim extrinsic fraud because of the legal malpractice of appellants' attorney in the prior case. Appellant conceded at oral argument that he did not claim that there was any fraud committed by appellees or any collusion between appellees and appellants' former attorney. There is a pending malpractice claim against the former attorney.

We affirm, as allegations of legal malpractice against the attorney do not constitute extrinsic fraud so as to set aside the judgment. Parker v. Parker, 585 So.2d 328 (Fla. 4th DCA 1991); Calehuff v. Calehuff, 433 So.2d 1021 (Fla. 4th DCA 1993).

ANSTEAD, HERSEY and WARNER, JJ., concur.

MICHAEL MAGULA, A MINOR, STEVE MAGULA AS NEXT BEST FRIEND, AND STEVE MAGULA AND DOROTHY MAGULA, INDIVIDUALLY, APPELLANTS, v. DR. CHARLES INFANTE, D.D.S., NORTH BROWARD HOSPITAL DISTRICT D/B/A BROWARD GENERAL MEDICAL CENTER, AND MANUEL DIEZ, M.D., APPELLEES.

Comments