Supreme Court of Florida

In plaintiffs' class action suits seeking to recover document preparation fees charged by defendant for services performed by clerical personnel in the processing of mortgage loans, court of appeal's decision dismissing the two separate class action suits on the basis that the Florida Supreme Court has exclusive jurisdiction to determine whether defendants' actions constitute the unauthorized practice of law is affirmed, but on a different reason that, in order to state a cause of action for damages under any legal theory that arises from the unauthorized practice of law, the pleading must state that the Florida Supreme Court has ruled that the specified conduct at issue constitutes the unauthorized practice of law.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

• POLSTON, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Keith A. Goldbaum of Friedman, Rosenwasser and Goldbaum, P.A., Boca Raton, FL, Richard E. Shevitz and Vess A. Miller of Cohen and Malad, LLP, Indianapolis, IN, for Petitioners., Lori S. Holcomb, Tallahassee, FL, on behalf of The Florida Bar, as Amicus Curiae.


• For Appellees:
  
• Mark A. Brown and Joseph Hagedorn Lang, Jr. of Carlton Fields, P.A., Tampa, FL, and Michael K. Winston of Carlton Fields, P.A., West Palm Beach, FL, for Respondents.