(DOWNLOAD) "Sola v. Clostermann" by Court of Appeals of Oregon * Book PDF Kindle ePub Free
eBook details
- Title: Sola v. Clostermann
- Author : Court of Appeals of Oregon
- Release Date : January 21, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
In this legal malpractice claim, the amended complaint alleges that defendants, attorneys at law, were negligent when they represented plaintiffs in a previous lawsuit by failing to file a timely notice of appeal. As in all legal malpractice cases, we are involved with a lawsuit within a lawsuit. To prevail on the present claim, plaintiffs must show that they would have won on the appeal of the previous case, which is a question of law. Thus, we are in substantially the same position we would have been in reviewing the judgment in the first case had defendants filed a timely appeal for plaintiffs. See Harding v. Bell, 265 Or 202, 208, 508 P2d 216 (1973). In the first case, Judge Dale ruled against plaintiffs. Judge Kalberer, the trial judge below, ruled that Judge Dale was wrong and granted plaintiffs motion for partial summary judgment. He concluded that, had the appeal been timely, plaintiffs would have prevailed and obtained a reversal. We conclude that Judge Dale was correct and that we would have affirmed his judgment had the first appeal been timely. Thus, we reverse.
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