Hupp v. Monahan (Signed Opinion)Annotate this Case
In this legal malpractice action, the Supreme Court affirmed the order of the circuit court effectively granting summary judgment to Defendants, holding that the circuit court did not err in concluding that the continuous representation doctrine was not applicable to the facts presented in this case.
The circuit court granted Defendants' motion to dismiss, concluding that the applicable two-year statute of limitations on Plaintiff's claim had expired before the filing of his legal malpractice lawsuit. Plaintiff appealed, arguing that the circuit court erred in failing to apply the continuous representation doctrine to find that his complaint was timely filed. The Supreme Court converted the dismissal to summary judgment because the lower court considered matters outside the pleadings and affirmed, holding that because there was no continuing representation of Plaintiff by Defendants, the circuit court properly ruled that Plaintiff's complaint was time-barred.