The Fourth District Court of Appeal discarded its own case law in a legal malpractice lawsuit, finding that in light of a new state court ruling, lawyers don’t always have to adhere to the rules governing service of court documents via email.

Rule 2.516 of the Florida Rules of Judicial Administration says that filings sent by email must follow a certain format, identifying certain information in the body and subject line. But the appellate panel found that doesn’t apply to safe harbor notice sent before moving for attorney fees under Florida Statute section 57.105.