Tuesday, November 07, 2000
Fremont Indemnity Co. v. Carey, Dwyer Eckhart Mason & Spring, P.A.


no. 99-86

Dade County


Freemont filed suit against Carey Dwyer for alleged legal malpractice in representing one of Freemont's insureds, an architectural firm sued over alleged structural failure of a building under construction. Carey Dwyer represented Freemont in the late 1980s before it was fired. On February 21, 1995 Freemont settled one claim allegedly arising from Carey Dwyer's malpractice, and filed suit against the law firm in February 14, 1997. The U.S. District Court dismissed on grounds the two-year statute of limitations had run. On appeal, the U.S. Eleventh Circuit Court certified the question to the Supreme Court.