§33.5 Limitation of Actions
1. Jerry Carmack, Kay Carmack Brooks, Brenda Carmack Thomas v. Louis W. Oliver, III, No. M2006-01873-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2007).
Court's Summary:
"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." Read the opinion here.
2. In Re Estate of Charles Ray, Carruthers v. Ray, M2007-00923-COA-R3-CV (January 31, 2008).
The Court's Summary:
Plaintiff filed a legal malpractice claim against defendant’s Estate. The Trial Court held the claim against the Decedent’s Estate was barred by the statute of limitations. On appeal, we affirm. Read the opinion.
Court's Summary:
"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." Read the opinion here.
2. In Re Estate of Charles Ray, Carruthers v. Ray, M2007-00923-COA-R3-CV (January 31, 2008).
The Court's Summary:
Plaintiff filed a legal malpractice claim against defendant’s Estate. The Trial Court held the claim against the Decedent’s Estate was barred by the statute of limitations. On appeal, we affirm. Read the opinion.