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Professional Responsibility Keyed to Jefferson
Boyd v. Brett-Major
Citation:
449 So. 2d 952 (Fla. Dist. Ct. App. 1984)Facts
Boyd (Petitioner) retained Brett-Major (Respondent) as their attorney in a mortgage foreclosure action, after Boyd posted a $100,000 bond to bail their son out of jail. The Florida trial court granted summary judgment to the bonding company. Boyd then filed a legal malpractice action against Brett-Major, based on Brett-Major’s failure to adequately plead an affirmative defense in the mortgage foreclosure action. The proof at trial showed that Brett-Major was not hired to win the case but to delay the action because the clients intended to live up to their contractual obligation and wished to remain on good terms with the bondsman. The jury ruled in Brett-Major’s favor.
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