Civil Litigation

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Haisfield v. Fleming, Haile & Shaw, P.A.

27 Fla. L. Weekly D1159 (Fla. 4th DCA May 24, 2002)

In order to prevail on the defense of "judgmental immunity," an attorney must show that (1) the legal authority supporting the asserted cause of action "fairly debatable" or "unsettled" and (2) that he/she acted in good faith and made a diligent inquiry into the unsettled area of law. The court defined an "unsettled" issue of law as one that has not yet been determined by the state

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