Estate of Rocks v. Mclaughlin Engineering Co., 35 Fla. L. Wkly D2627 (Fla. 4th DCA Dec. 1, 2010)

Addressing whether a claim for professional negligence could be brought against a property surveyor, the Fourth DCA finds that legislative intent and the nature of the relationship between a surveyor and her clients, support the viability of such a claim.

As a preliminary matter, the court applies Fla. R. App. Pro. 9.110(k), and reiterates that a partial final judgment may be appealed either (1) at the time the Order is entered, or (2) at the conclusion of the entire case. 

Continuing to review whether the complaint for professional malpractice states a claim, the court applies Fla. R. Civ. Pro. 1.110(b), and states: “Florida pleading rules require only the allegation of ultimate facts stating a cause of action.”  Finding that the Rule 1.110 threshold was met, the court reverses the dismissal of the professional negligence cause of action and remands the case for further proceedings.