DEFENDANT'S MOTION FOR FINAL SUMMARY JDUGMENT - HUBBARD, LEAH M vs. YATES, E CLAYTON PA

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On April 20, 2018 a malpractice - other professional case was filed by Hubbard, Leah M, and Independent Services Of Vero Beach Llc, represented by Macrae, Patrick, against E Clayton Yates Pa, Yates, E Clayton Pa, and Yates Law Firm, in the jurisdiction of Indian River County. Judge CROOM, JANET C presiding.

                        
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                          Filing # 93377335 E-Filed 07/30/2019 01:36:47 PM

1932201/4
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY

CASE NO. 312019CA000232

LEAH M. HUBBARD,
Plaintiff,

v.

E. CLAYTON YATES, P.A.,

Defendant.
/

DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT

Defendant, E. CLAYTON YATES P.A., pursuant to Rule 1.510 of the Florida Rules
of Civil Procedure, moves this Honorable Court for the entry of Final Summary Judgment
in its favor as to the claims asserted by the Plaintiff in this legal malpractice case as: (1)
the Plaintiff fails to meet the actual innocence pre-condition to asserting legal malpractice
claims against her former criminal defense attorney Defendant; (2) the Plaintiff fails to
meet the exoneration requirement as a pre-condition to asserting legal malpractice claims
against her former attorney; and, (3) there is no evidence of negligent misrepresentation,
breach of fiduciary duty, negligent infliction of emotional distress, or fraud.

IL STAT…