Florida's Third District Court of Appeal has ruled in favor of an Akerman partner who'd been accused of legal malpractice by a former client of his previous firm.

The appellate court affirmed Miami-Dade Circuit Judge Jennifer Bailey's order granting attorney Joseph Rebak's motion for summary judgment against Florida business FBK Associates.

Rebak and his former firm, the now-dissolved Tew Cardenas, were named in a 2014 suit filed by FBK, alleging the attorney was negligent in his legal representation of the company in a federal lawsuit against SunTrust Bank. According to an amended complaint filed by the plaintiff, Rebak purportedly failed to introduce critical testimony and witnesses during arbitration proceedings between FBK and the bank, causing his client to only be awarded $255,000 rather than the millions of dollars they regarded as reasonable compensation from prior litigation. FBK also contended the attorney's failure to hire a court reporter played a part in their smaller-than-expected award.

The motion for summary judgment on liability filed by the defense argued the alleged negligence was the result of ”tactical decisions protected under the doctrine of judgmental immunity” and that Rebak's conduct rose to the standard of care expected of attentive legal counsel.

“The decision to not have a court reporter present at the arbitration was part of plaintiff's strategic plan and therefore cannot subject firm to liability,” the motion said. “The strategy of not hiring a court reporter severely limited the noteholders' opportunity to later oppose Plaintiff's reimbursement and compensation from the trust (assets).” The defense also referenced the plaintiff's own admission ”that FBK had no firm agreement with SunTrust for reimbursement of legal fees” in its request for the court to enter a final summary judgment in its favor.

Tew Cardenas shut its doors in April 2014, following the death of firm co-founder Thomas Tew earlier that year. A court order issued in July 2017 held that Rebak could collect on $147,978.90 from FBK with interest. FBK's attorney, Crabtree & Auslander partner John Crabtree, declined to provide a statement on the appellate court's opinion and the underlying case. Neither Rebak nor his appellate counsel, Cole, Scott & Kissane founding partner Scott Cole, responded to requests for comment by press time.

Related stories: