Florida Bar v. Neale

384 So. 2d 1264 (1980)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
F
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Florida Bar v. Neale

Florida Supreme Court
384 So. 2d 1264 (1980)

Facts

William Neale (defendant) represented Mrs. Mitchell in a personal-injury matter arising out of a 1970 dog bite. After settlement negotiations failed, Neale filed suit on Mitchell’s behalf in 1973. Shortly before the scheduled trial date, Neale learned that the dog had a history of biting, which meant that punitive damages might be available. Neale moved to amend the complaint to add a claim for punitive damages, and the court denied the motion. Believing that the claim was subject to a four-year statute of limitations, Neale took a voluntary nonsuit with Mitchell’s consent and filed a second lawsuit. However, the statute of limitations was three years, and the court entered judgment against Mitchell because the second claim was filed after the statute of limitations had expired. The Florida Bar (bar) (plaintiff) initiated a grievance proceeding against Neale, arguing that his lack of preparation and failure to discover the dog’s propensity to bite violated attorney disciplinary rules. A referee recommended that Neale be sanctioned, and Neale appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 783,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 783,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 783,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Legal Ethics

Key Terms

Related Videos