EDWIN DENNISON, ET AL. v. GLENNA OVERTON - Articles

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Posted by: Tanja Trezise on Aug 25, 2014

Court: TN Court of Appeals

Attorneys 1:

Jerrold L. Becker, Knoxville, Tennessee, for the appellants, Edwin Dennison, Kaye Dennison, Joel Campbell, and Christine Campbell.

Attorneys 2:

Michael H. Meares and Charles B. Dungan, Jr., Maryville, Tennessee, for the appellee, Glenna Overton.

Judge(s): SWINEY

Edwin Dennison, Kaye Dennison, Joel Campbell, and Christine Campbell (“Plaintiffs”) sued attorney Glenna Overton (“Defendant”) for legal malpractice. Defendant filed a motion for summary judgment alleging that Plaintiffs’ claim was barred by the statute of limitations and that Defendant’s actions were not the proximate cause of any loss to Plaintiffs. After a hearing, the Circuit Court for Blount County (“the Trial Court”) granted Defendant summary judgment after finding and holding, inter alia, that Plaintiffs had notice of the alleged negligence and the fact that Plaintiffs had suffered an injury by August of 2009 and, therefore, the suit filed on September 21, 2010 was barred by the applicable one year statute of limitations. Plaintiffs appeal to this Court raising issues regarding whether the Trial Court erred in finding their suit barred by the statute of limitations and whether the Trial Court erred in finding that Plaintiffs could not prove that Defendant’s actions were the proximate cause of any loss to Plaintiffs. We find and hold, as did the Trial Court, that Plaintiffs were on notice of the alleged negligence and loss in August of 2009 and that their suit, therefore, was barred by the statute of limitations. We affirm the Trial Court’s judgment.

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