Florida/Georgia Personal Injury & Workers Compensation

...That Florida recognizes the responsibility of individual professionals for their negligent acts is also evidenced by the express provisions of two legislative enactments that are relevant here-section 471.023, Florida Statutes (1993), pertaining to engineers, and section 621.07, Florida Statutes (1993), pertaining to professional associations....

...However, both sections indicate an intent to hold professionals personally liable for their negligent acts by expressly stating that the formation of a corporation or partnership shall not relieve the individual members of their personal professional liability. Section 621.07 of the Professional Service Corporation Act ("Act"), states in pertinent part: Nothing contained in this act shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to the prof...

...hat person, or by any person under that person's direct supervision and control, while rendering professional service on behalf of the corporation or limited liability company to the person for whom such professional services were being rendered.... § 621.07, Fla....

...his direct supervision and control, while rendering professional services on behalf of the corporation. § 471.023(3), Fla. Stat. (1993). These statutes expressly recognize the common law duty of a professional. An illustration of the application of section 621.07 is provided in Gershuny v. Martin McFall Messenger Anesthesia Professional Ass'n, 539 So.2d 1131 (Fla. 1989). Gershuny sued the professional association *979 for malpractice due to injuries caused by a nurse anesthetist. In our review, we noted: [U]nder section 621.07, the group of physicians comprising the Association could be held personally liable in their capacity as physicians only if the negligence or wrongful act was committed by them or by someone under their direct supervision and control....

...at 1132-33. Obviously, the implication of our ruling was that had the circumstances been different, i.e., had a physician-shareholder supervised the nurse anesthetist, then the physician-shareholder, as well as the association, would be liable under section 621.07....

...nd Jordan and Sauls were being compensated for such services to Moransais and other clients of BCI. Further, the fact that both engineers were employees of a corporation does not shield them from liability in this case since both section 471.023 and section 621.07 make clear that professionals shall be individually liable for any negligence committed while rendering professional services. It is apparent that the legislature, in enacting these provisions, clearly intended to affirm the common law pertaining to professional services and the common law liabilities flowing from the negligent performance of such services. See § 621.07, Fla....

...The Association is a professional service corporation organized under Chapter 621, Florida Statutes (1987). Chapter 621 was enacted to provide for the incorporation of an individual or group of individuals who perform the same professional service to the public for which they must be licensed. § 621.01, Fla. Stat. (1987). Section 621.07 addresses the liabilities of shareholders of a professional association and provides: Nothing contained in this act shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to t...

...The corporation shall be liable up to the full value of its property for any negligent or wrongful acts or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services. Thus under section 621.07, the group of physicians comprising the Association could be held personally liable in their capacity as physicians only if the negligence or wrongful act was committed by them or by someone under their direct supervision and control....

...Accordingly, no physician-shareholder could have been held liable for the nurse anesthesist's negligence. Only the Association *1133 as a corporation could have been subject to liability under the circumstances presented here. For purposes of liability under section 621.07 or an award of attorney's fees under section 768.56, it makes no difference that the Association happens to be comprised of a group of physicians....

...Kent, 431 So.2d 279 (Fla. 5th DCA 1983)(a cause of action for conspiracy was stated where complaint alleged that trustee and his son conspired to deplete trust assets in a scheme to defraud trust beneficiaries). Thus we reinstate the conspiracy count. See Ford. G. Section 621.07 The court below held that Hoch's claims against the Rissman law firm and its members were barred by section 621.07....

...closer and tighter than in A.R. Moyer, since in that case the contract was between the owner and the professional — not the contractor. Here, the contract was with the professional service corporation and the contractor. Sections 471.023(3) [6] and 621.07 [7] fully contemplate tort liability for the individuals who perform the service for professional service corporations in this context....

...The corporation shall be liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services. (emphasis supplied) [7] Section 621.07, Florida Statutes (1993) provides: Nothing contained in this act shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to the professional relationship and liabilities betwee...

...David was "virtually represented" by or in privity with Ruden McClosky in the charging lien proceeding. To the extent Mr. David was Ruden McClosky's agent while he represented Mr. Massey, [13] Ruden McClosky might be vicariously liable for his acts or omissions. See § 621.07, Fla....

...the shares. We are not unmindful that while a law firm practicing as a professional service corporation is governed by corporate law, its lawyers are nonetheless governed by the ethical standards contained in the Code of Professional Responsibility, § 621.07, Fla....

...foul of the ethical prohibition against fee splitting. [13] It might be added that the instant litigation is hardly protracted. [14] The appellees' concerns that they might be subject to liability subsequent to their departure are exaggerated. Under Section 621.07, Florida Statutes, the personal liability of shareholders in a professional service corporation is "no greater in any aspect than that of a shareholder-employee of a corporation organized under chapter 607."

...The corporation shall be liable up to the full value of its property for any negligent or wrongful acts or misconduct committed by any of its officers, shareholders, agents, or employees while they are engaged on behalf of the corporation in the rendering of professional services." Section 621.07, Florida Statutes, F.S.A....

...Finally, there will be a modified form of transferability of interests. In the Matter of the Fla. Bar, 133 So.2d at 556-57 (emphasis added). Today, the Professional Service Corporation Act is found at Chapter 621, Florida Statutes (1995) and is implemented by Rule 4-8.6 of the Rules Regulating The Florida Bar. [1] Section 621.07, entitled "Liability of officers, agents, employees, shareholders, members, and corporation or limited liability company," provides that [n]othing contained in this act shall be interpreted to abolish, repeal, modify, restrict, or limi...

...ty for any negligent or wrongful acts or misconduct committed by any of its officers, agents, members, managers, or employees while they are engaged on behalf of the corporation or limited liability company in the rendering of professional services. § 621.07, Fla....

...ty for any negligent or wrongful acts or misconduct committed by any of its officers, agents, members, managers, or employees while they are engaged on behalf of the corporation or limited liability company in the rendering of professional services. § 621.07, Fla....

...The Court approved amendments to the integration rule and code of ethics to allow attorneys to practice as PSCs but, in *551 doing so, admonished that "[t]he corporate entity as a method of doing business will not be permitted to protect the unfaithful or the unethical." Id. at 556. Section 621.07 has received scant notice in appellate opinions. For PSCs in general, the provision of section 621.07 that the personal liability of shareholders of a corporation, or members of a limited liability company, organized under this act, in their capacity as shareholders or members of such corporation or limited liability company, shall be...

...The theory is that more detailed information should be developed through the discovery process. Plaintiff's First Amended Complaint alleges that Defendant committed a wrongful act by failing to take action when informed by an employee of the Firm of Brugger's activity. Florida Statute § 621.07 establishes limited liability for members of a professional service corporation....

...However, it also creates several exceptions. An individual will be personally liable for any negligent or wrongful act or misconduct committed by them, or by any person under that person's direct supervision regardless of their membership in a professional service corporation. Fla.Stat.Ann. § 621.07 (1995)....

...be permitted to protect the unfaithful or unethical." In re The Florida Bar, 133 So.2d 554, 556 (Fla.1961). Accordingly, the First Amended Complaint has set forth sufficient facts to show that Defendant committed a wrongful act within the meaning of § 621.07, and if proven would leave the Defendant personally liable for his misfeasance....

...The Defendants, for the purpose of this motion, "will concede that it is, indeed, a partnership ... of professional associations." This Court agrees. Although the Plaintiffs correctly state that "the corporate construct does not automatically shield the attorneys from individual liability," Florida Statute § 621.07 provides that an attorney, as a "officer, agent, member, manager, or employee of a corporation or limited liability company ......

...Indeed, in its discussion, the Court looked to an analogous law recognizing that a lawyer who renders professional services owes a duty of care regardless of the fact that the lawyer is a part of a business entity such as a professional association. Id. The Moransais Court cited to Section 621.07, Fla. Stat., pertaining to professional associations, which sets forth the responsibility of individuals for their negligent acts. Section 621.07, Fla....

...Stat., better known as Florida’s Professional Association Practices Act, expressly provides for liability against a professional for the “negligent or wrongful acts or misconduct ... committed by that person ... while rendering professional service....” Fla. Stat. § 621.07 (2012)....

...Basically, these are the relevant facts which are pertinent to the matter under consideration. Chapter 621 of Florida Statutes, 1987, governs professional service corporations and the extent of liability of the shareholder of the professional association. Section 621.07 entitled, Liability of officers, agents, employees, shareholders and corporation provides as follows: *477 Nothing contained in this act shall be interpreted to abolish, ......

...hus mediation was not a prerequisite to filing a malpractice claim against the associations. We agree that it was not necessary to join the professional associations in the mediation claim. The liability of the professional association is vicarious. Section 621.07, Florida Statutes (1985) provides that a professional service corporation is liable for the negligent acts of its officers or employees....

...The appellees attempt to salvage their summary judgment on grounds other than the statute of limitation, but it is clear from the record before us that the motion below was predicated only upon that basis. The other arguments raised on appeal — indispensable party, statutory joinder under section 621.07, Florida Statutes (1983), implied “release” of Dr....

...621 , F.S., on the application of the Standards of Conduct Law to a legislator-attorney. In this regard, it is clear that the Professional Service Corporation Act does not dissolve the agency relationship between an attorney and his client merely because the attorney is a member of a professional service corporation. Section 621.07 provides in pertinent part as follows: "Nothing contained in this act shall be interpreted to abolish, repeal, modify, restrict or limit the law now in effect in this state applicable to the professional relationship and liabilities be...

...1967); but it is also a legal consequence of such organization as a corporate entity that partnership principles, including mutual agency and potentially unlimited liability of partners, are eliminated. [See] 24 Fla. Jur. Partnership s. 6, p. 325. An expression of the concept of limited liability is found in s. 621.07 ....

...s of towing vehicles. That being said, an officer or employee of a business entity may be held criminally liable if he or she commits or authorizes acts that make up a criminal offense. See State v. Shouse, 177 So.2d 724, 726 (Fla. 2d DCA 1965); cf. § 621.07, Fla....

...formed the engineering services? 2) Does the economic loss rule bar a claim for professional malpractice against the individual engineer who performed the inspection of the residence where no personal injury or property damage resulted? . Fla. Stat. § 621.07 and § 471.023....

corporation and have it sold to satisfy his judgment. Section 621.07, Florida Statutes, F.S.A., however, provides