James M. Hughes And Patti Hughes V. Mahaney & Higgins (11/20/91) - Supreme Court of Texas

James M. Hughes And Patti Hughes V. Mahaney & Higgins (11/20/91)

By Supreme Court of Texas

  • Release Date: 1991-11-20
  • Genre: Law
James M. Hughes And Patti Hughes V. Mahaney & Higgins (11/20/91) book review score

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James M. Hughes And Patti Hughes V. Mahaney & Higgins (11/20/91) Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

This case decides the proper application of the statute of limitations in a legal malpractice case when the attorney allegedly commits malpractice while providing legal services in the prosecution or defense of a claim which results in litigation. The trial court granted the attorneys' motion for summary judgment based on their affirmative defense of limitations, and the court of appeals affirmed.    S.W.2d   . We hold that the statute of limitations was tolled until all appeals were exhausted on the underlying suit in which the malpractice allegedly occurred. Consequently, the statute of limitations did not bar the Hugheses' suit. Thus, we reverse the judgment of the court of appeals and remand the cause for trial.

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