## Facts

- A law firm represented a client in federal patent infringement litigation that resulted in an adverse final judgment against the client.
- No appeal was taken, and the time to appeal expired, rendering the judgment final and nonappealable.
- More than two years after the judgment became final, the parties in the patent case filed a stipulation of dismissal in the federal action.
- Within two years of that later stipulation of dismissal (but more than two years after the judgment became final), the client sued the law firm in Florida state court for litigation-based legal malpractice, alleging negligent handling of the patent case caused damages.
- The trial court entered summary judgment for the law firm on statute-of-limitations grounds.
- The district court of appeal reversed, concluding accrual occurred when the stipulation of dismissal was filed.
- The Florida Supreme Court accepted review to clarify accrual of litigation-based malpractice claims when a later dismissal filing follows an unappealed final judgment.

## Issues

1. For purposes of the two-year limitations period for legal malpractice, does a litigation-based malpractice claim accrue when an adverse final judgment becomes final and nonappealable due to the expiration of the appeal period, or when a later stipulation of dismissal is filed in the underlying case?

## Decision

- The Florida Supreme Court held the malpractice claim accrued when the underlying judgment became final and nonappealable because no appeal was taken.
- The later stipulation of dismissal was a subsequent ministerial filing that did not delay accrual.
- Because the malpractice action was filed more than two years after the judgment became final, it was time-barred under section 95.11(4)(a), Florida Statutes.
- The court quashed the district court of appeal’s decision and reinstated the trial court’s summary judgment for the law firm.

## Legal Principles

- In litigation-based legal malpractice, accrual occurs when the underlying proceeding has been finally concluded so that the client’s damages are certain and not contingent on the outcome of an appeal.
- When no appeal is filed, finality for accrual purposes occurs upon expiration of the time to appeal, because judicial labor on the merits has ended and damages are no longer contingent.
- Accrual is not postponed by later docket-closing or procedural filings (such as a stipulation of dismissal) that do not affect the merits or the certainty of damages.
- Florida courts will not extend or effectively toll limitations periods based on events outside the limited tolling provisions specified by statute.

## Conclusion

The court ruled that a litigation-based legal malpractice claim must be filed within two years after an adverse unappealed final judgment becomes final and nonappealable; a later stipulation of dismissal in the underlying case does not restart or delay the limitations period.


Larson & Larson, P.A. v. TSE Indus., Inc., 22 So. 3d 36 (Fla. 2009)