· 2/5/1992
Hughes v. Mahaney & Higgins
Citations
- 821 S.W.2d 154
- 1991 WL 241735
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when attorney commits malpractice in prosecution or defense of claim that results in litigation, statute of limitations on malpractice claim is tolled until all appeals on underlying claim are exhausted
- holding tolling applies during pendency of legal proceedings that prevent party from exercising its legal rights
- stating that \[l]imitations are tolled for the second cause of action because the viability of the second cause of action depends on the outcome of the first\
- holding that where “an attorney commits malpractice in the prosecution or defense of a claim that results in litigation, the statute of limitations on the malpractice claim against the attorney is tolled until all appeals on the underlying claim are exhausted”
- providing that the statute of limitations for a legal malpractice suit is tolled during direct appeals and post-conviction proceedings
- noting that party might be placed in position of asserting that her attorney committed malpractice, and but for malpractice her claim would have succeeded, while at same time asserting in underlying appeal that attorney’s actions were correct, or at least not fatal to her claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Cornyn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.