Landowners who hired an attorney to defend their property rights brought suit for legal malpractice
against that attorney related to his representation in the litigation over disputed property. The
defendant attorney filed a motion for summary judgment, claiming that the one-year statute of
limitations for malpractice claims had passed before the landowners filed their suit against him. The trial court granted the attorney’s motion. We affirm the grant of summary judgment to the defendant attorney as to any allegations of delay in seeking an injunction against a trespassing neighbor, since the landowners had complained about the delay to several official bodies over two and a half years before they filed their complaint against their attorney. However, we reverse the trial court as to any alleged acts of legal malpractice that occurred within one year of the filing of the plaintiffs’ complaint.
Case Number
M2006-01873-COA-R3-CV
Originating Judge
Judge Hamilton V. Gayden, Jr.
Case Name
Jerry D. Carmack et al. v. Louis W. Oliver, III
Date Filed
Dissent or Concur
No
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