ORLANDO -- A man is suing his former lawyers for legal negligence.
Robert Cope filed a complaint on July 26 in Orange County Circuit Court against David Pilcher and Bogin, Munns and Munns P.A. for legal negligence and respondeat superior.
According to the complaint, on Jan. 10, 2019, Cecil Cope, as personal representative of the estate of Rose Hicks, filed his Notice of Final Accounting in a probate case. On January 22, 2019, Pilcher timely filed on Robert Cope's behalf an Objection to First and Final Accounting of Personal Representative.
On March 21, 2019, the personal representative filed a Notice of Supplemental Accounting and Petition for Discharge. Pursuant to Rule 5.400, Florida Probate Rules, Pilcher was required to file Robert Cope's objections to the Petition for Discharge within 30 days of the filing of the Petition for Discharge but did not do so, the lawsuit says.
On May 3, 2019, another attorney employed by Bogin, Munns and Munns, Joseph Taormina, filed a motion on Robert Cope's behalf requesting an enlargement of time to file his objections to the Petition for Discharge. On July 10, 2019, the court denied the motion for enlargement of time to file Robert Cope's objections, the suit says.
On July 26, 2019, Cope executed a settlement agreement with the personal representative. He says the settlement was less than he would've recovered if his objections to the final accounting of Hicks' estate had been filed in a timely manner.
Robert Cope is represented by Joseph V. Taormina.
Circuit Court of the Ninth Judicial Circuit in and for Orange County filing number 131226083