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Legal Ethics Keyed to Rhode, 8th Ed.
Florida Bar v. Neale
Citation:
384 So. 2d 1264 (1980)Facts
William J. Neale represented Mrs. Mitchell for injuries she suffered from a dog bite in 1970. After failed settlement negotiations, Neale filed suit in 1973. Shortly before trial, Neale discovered the dog had a history of biting, potentially supporting punitive damages. When his motion to amend the complaint was denied, Neale took a voluntary nonsuit with his client’s agreement, believing a four-year statute of limitations applied. However, the applicable statute of limitations for strict liability in dog bite cases was three years. When Neale refiled the suit, the defendants successfully raised the statute of limitations defense, and the district court affirmed the judgment against Mrs. Mitchell. The referee found that Neale’s late discovery of the dog’s bite history reflected inadequate preparation and that he had neglected the case by misunderstanding the applicable statute of limitations.
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