Q: Can I sue my lawyer for misrepresentation in Florida?

A: Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere with any pled causes of action or due to dismissal of Federal law-based claims, leaving State law claims alive but which the Fed. judge declines to exercise jurisdiction over. If the latter occurs, appealing dismissal of Fed. law claims may be an option, but whether that option should be exercised depends on many different factors.

Also, it sounds like you think your lawyer committed malpractice by not filing an appeal that should have been filed. The first question there is whether the failure to file an appeal is something that falls below professional standards for representation in that type of case. Assuming the law permitted the filing of an appeal at the juncture at which you think it should have occurred, the question there is basically whether the basis for appeal is a very strong one, as most appeals result in affirmances (that is, the appealing party loses).

Secondly, there's no potential legal malpractice claim unless and until there is an occurrence of damage proximately caused by the lawyer's negligence. If there is still a possibility of you attaining 100% or more of your monetary goal in the case, then it would remain to be seen whether former counsel's negligence (if any) has damaged you - and in that event, you must continue to pursue your pending case, then determine at the end whether negligent acts/omissions of counsel prevented the outcome you were seeking.