On June 11, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Diana K Winkler,
Michael J Winkler,
and
Andrea A Mccreary,
Andrea A Mccreary A Aurora Mccreary Aka,
Christopher P Hancock,
Hancock And Associates P A,
Hancock Law Group, P.A.,
Hancock Law Group, P.A. The Law Office Of Michael E. Morris, P.A. Fka,
Hyatt Legal Plans Of Florida Inc,
Jennifer Englert,
Law Office Of Michael E Morris P A,
Luxus Legal Llc,
Michael E Morris,
The Orlando Law Group,
for 3
in the District Court of Orange County.
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Filing # 76241506 E-Filed 08/09/2018 04:39:30 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
DIANA K. WINKLER; MICHAEL J. WINKLER CASE No.: 48-2018-CA-6581
Plaintiffs, Div.: 39
v.
CHRISTOPHER P. HANCOCK et al.
Defendants.
__________________________________/
AMENDED MOTION TO DISMISS OR ALTERNATIVELY FOR A MORE DEFINITE
STATEMENT
COMES NOW, Defendant MICHAEL E. MORRIS, and hereby moves to have the
Complaint dismissed as to MICHAEL E. MORRIS or alternatively for a More Definite
Statement, and as grounds states as follows:
1. The plaintiffs have filed a four count complaint.
2. The first count indicates it is as to legal malpractice against The Orlando
Law Group and Jennifer Englert.
3. The second count indicates it is as to Hancock et al. for legal malpractice at
the beginning and includes this Defendant in a laundry list.
4. The third count indicates it is only as to Hyatt for fraudulent
misrepresentation and misleading advertisement.
5. The fourth count indicates it is as to emotional distress against this
Defendant and others.
6. Therefore, this Defendant will only address the second and fourth counts.
7. The elements which must be proven for legal malpractice in the second
1
count are: (1) employment of the lawyer; (2) lawyer’s neglect of a
reasonable duty; and (3) loss to the client proximately caused by the
lawyer’s negligence. Bolves v. Hullinger, 629 So. 2d 198, 200 (Fla 5th
DCA 1993)
8. In paragraph 29, Plaintiffs indicate that they, “… believed her case would be
handled by the senior partner Mr. Morris. However, she soon learned her
case was to be handled by the junior partner, Mr. Christopher P.
Hancock….”
9. In fact, Plaintiffs do not show that they ever employed this Defendant
individually or through any entity, or that this Defendant took any legal
actions.
10. In fact, Plaintiffs know that at least one of them consulted with Mr. Morris on
or about June 2015, and learned that he was not employed by Morris &
Hancock, P.A. after January 30, 2015.
11. One of the plaintiffs received a declination letter from Michael E. Morris in
June 2015.
12. As to the fourth count, it does not appear from the pleadings that the
Plaintiffs are alleging that this Defendant acted with any intention.
13. Therefore, we will address negligent infliction of emotional distress.
14. In Zell v. Meek, 665 So.2d 1048 (Fla. 1995), the Florida Supreme Court
outlined the elements required to allege negligent infliction of emotional
distress: (1) the plaintiff must suffer a physical injury; (2) the plaintiff's
physical injury must be caused by the psychological trauma ; (3) the plaintiff
2
must be involved in some way in the event which caused the negligent
injury to another; and (4) the person must have a close personal relationship
to the directly injured person
15. None of these elements have been alleged as to this Defendant.
16. Therefore, this matter should be dismissed as to MICHAEL E. MORRIS
WHEREFORE, Defendant MICHAEL E. MORRIS hereby requests that this
Complaint be dismissed, or for such further relief as is just and proper.
CERTIFICATE OF ELECTRONIC SERVICE
I Hereby Certify that a true and correct copy of the foregoing has been furnished
via EPortal and/or E-mail and/or U.S. mail to: DIANA & MICHAEL K. WINKLER
(DianaKWinkler@gmail.com); CHRISTOPHER P. HANCOCK (mail); LUXUS
LEGAL, LLC (mail), HANCOCK & ASSOCIATES, P.A, (mail); ANDREA A.
MCCREARY (mail); HANCOCK LAW GROUP, P.A. f/k/a LAW OFFICE OF
MICHAEL E. MORRIS, P.A. (mail); HYATT LEGAL PLANS OF FLORIDA, INC.
(mail); JENNIFER ENGLERT (mail); THE ORLANDO LAW GROUP (mail); on
this 9th day of August, 2018.
/s/ Michael E. Morris
MICHAEL E. MORRIS, ESQ.
FBN: 0081493
1060 Woodcock Road
Orlando, Florida 32803
Telephone: 407-316-7076
Facsimile: 407-316-7075
Designated Email Address:
memorrislaw@gmail
www.memorrislaw.com
Defendant
3
Document Filed Date
August 09, 2018
Case Filing Date
June 11, 2018
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Filing # 76241506 E-Filed 08/09/2018 04:39:30 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION DIANA K. WINKLER; MICHAEL J. WINKLER CASE No.: 48-2018-CA-6581 Plaintiffs, Div.: 39 v. CHRISTOPHER P. HANCOCK et al. Defendants. __________________________________/ AMENDED MOTION TO DISMISS OR ALTERNATIVELY FOR A MORE DEFINITE STATEMENT COMES NOW, Defendant MICHAEL E. MORRIS, and hereby moves to have the Complaint dismissed as to MICHAEL E. MORRIS or alternatively for a More Definite Statement, and as grounds states as follows: 1. The plaintiffs have filed a four count complaint. 2. The first count indicates it is as to legal malpractice against The Orlando Law Group and Jennifer Englert. 3. The second count indicates it is as to Hancock et al. for legal malpractice at the beginning and includes this Defendant in a laundry list. 4. The third count indicates it is only as to Hyatt for fraudulent misrepresentation and misleading advertisement. 5. The fourth count indicates it is as to emotional distress against this Defendant and others. 6. Therefore, this Defendant will only address the second and fourth counts. 7. The elements which must be proven for legal malpractice in the second 1 count are: (1) employment of the lawyer; (2) lawyer’s neglect of a reasonable duty; and (3) loss to the client proximately caused by the lawyer’s negligence. Bolves v. Hullinger, 629 So. 2d 198, 200 (Fla 5th DCA 1993) 8. In paragraph 29, Plaintiffs indicate that they, “… believed her case would be handled by the senior partner Mr. Morris. However, she soon learned her case was to be handled by the junior partner, Mr. Christopher P. Hancock….” 9. In fact, Plaintiffs do not show that they ever employed this Defendant individually or through any entity, or that this Defendant took any legal actions. 10. In fact, Plaintiffs know that at least one of them consulted with Mr. Morris on or about June 2015, and learned that he was not employed by Morris & Hancock, P.A. after January 30, 2015. 11. One of the plaintiffs received a declination letter from Michael E. Morris in June 2015. 12. As to the fourth count, it does not appear from the pleadings that the Plaintiffs are alleging that this Defendant acted with any intention. 13. Therefore, we will address negligent infliction of emotional distress. 14. In Zell v. Meek, 665 So.2d 1048 (Fla. 1995), the Florida Supreme Court outlined the elements required to allege negligent infliction of emotional distress: (1) the plaintiff must suffer a physical injury; (2) the plaintiff's physical injury must be caused by the psychological trauma ; (3) the plaintiff 2 must be involved in some way in the event which caused the negligent injury to another; and (4) the person must have a close personal relationship to the directly injured person 15. None of these elements have been alleged as to this Defendant. 16. Therefore, this matter should be dismissed as to MICHAEL E. MORRIS WHEREFORE, Defendant MICHAEL E. MORRIS hereby requests that this Complaint be dismissed, or for such further relief as is just and proper. CERTIFICATE OF ELECTRONIC SERVICE I Hereby Certify that a true and correct copy of the foregoing has been furnished via EPortal and/or E-mail and/or U.S. mail to: DIANA & MICHAEL K. WINKLER (DianaKWinkler@gmail.com); CHRISTOPHER P. HANCOCK (mail); LUXUS LEGAL, LLC (mail), HANCOCK & ASSOCIATES, P.A, (mail); ANDREA A. MCCREARY (mail); HANCOCK LAW GROUP, P.A. f/k/a LAW OFFICE OF MICHAEL E. MORRIS, P.A. (mail); HYATT LEGAL PLANS OF FLORIDA, INC. (mail); JENNIFER ENGLERT (mail); THE ORLANDO LAW GROUP (mail); on this 9th day of August, 2018. /s/ Michael E. Morris MICHAEL E. MORRIS, ESQ. FBN: 0081493 1060 Woodcock Road Orlando, Florida 32803 Telephone: 407-316-7076 Facsimile: 407-316-7075 Designated Email Address: memorrislaw@gmail www.memorrislaw.com Defendant 3