Leahy v. Eger
A pro se plaintiff sued the public defender for legal malpractice, alleging that his assistant public defender's failure to investigate the validity of a failure-to-register charge needlessly prolonged his pretrial detention. The Second District reversed summary judgment for the public defender, holding that the movant's motion attacked a claim the plaintiff never made (that counsel caused his arrest) and therefore never satisfied the movant's initial burden under rule 1.510(a), so the burden never shifted to the nonmovant.
Key facts
- Pro se plaintiff sued his former public defender for legal malpractice, claiming the assistant public defender's negligent failure to investigate the validity of a failure-to-register charge prolonged his pretrial detention.
- The trial court granted summary judgment in favor of the public defender, finding no genuine issue of material fact.
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Why it matters
A useful post-2021 rule 1.510 decision reinforcing that even under the federal summary judgment standard, the movant's initial burden is measured against the claim actually pleaded—a motion aimed at a mischaracterized… — full analysis with a trial
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