Harold Goldberg, Petitioners v. Merrill Lynch Credit Corporation, Respondents

Summary

The Florida Supreme Court affirmed the Fourth District Court of Appeal’s dismissal of two class actions alleging unauthorized practice of law, holding that only the Supreme Court may determine such a claim and that plaintiffs must allege a prior Supreme Court determination to state a cause of action. It also recognized private standing under Rule 10‑7.1(d)(3) but required the specific pleading prerequisite. The Court remanded the cases without prejudice. Justice Canada, dissenting, argued that the majority improperly created a unique jurisdictional claim and would have reversed the dismissal.