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Posted by: Tanja Trezise on Dec 16, 2013

Court: TN Court of Appeals

Attorneys 1:

Peter M. Napolitano, Clarksville, Tennessee, for the appellant, Karen Renae Aleo.

Attorneys 2:

Thomas F. Mink, II and Charles M. Duke, Nashville, Tennessee, for the appellee, Joe Weyant.

Judge(s): DINKINS

Client sued her former attorney for legal malpractice, breach of contract, and negligent infliction of emotional distress arising from the attorney’s failure to include in the marital dissolution agreement, prepared for the client and incorporated into Final Divorce Decree, provisions that would permit the client to receive one-half of her husband’s military pension and to be listed as the beneficiary of his Survivor Benefit Plan following their divorce. The trial court granted summary judgment to the attorney on the grounds that the statute of limitations had passed on the malpractice and the breach of contract claims and that the evidence did not support a finding of serious mental injury sufficient to support the negligent infliction of emotional distress claim; client appeals. Finding no error, we affirm the judgment of the trial court.