SINGER v. WILLIAM STOLBERG (2000)

District Court of Appeal of Florida,Fourth District.

Jay R. SINGER, Appellant, v. WILLIAM H. STOLBERG, P.A., and William H. Stolberg, Esq., Appellees.

No. 4D99-3434.

Decided: November 15, 2000

Jay Russell Singer, Sunrise, pro se. John P. Joy and Kenneth L. Valentini of Walton, Lantaff, Schroeder & Carson, Miami, for appellees.

We affirm the final summary judgment in this legal malpractice case. In an earlier appeal involving the appellant and his former spouse, we found the trial court was not bound to enforce the order in controversy. Singer v. Singer, 652 So.2d 454 (Fla. 4th DCA 1995). The order that appellant alleges appellee-attorney negligently failed to enforce was not enforceable by contempt. Therefore, the appellee-attorney is not negligent for failing to enforce an order the trial court was not required to enforce.

AFFIRMED.

LENDERMAN, JOHN C., Associate Judge.

WARNER, C.J., and TAYLOR, J., concur.

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