John Doe Corp. v. Kennerly, Montgomery & Finley, P.C.

Syllabus

This is a legal malpractice suit filed by John Doe Corporation (\Plaintiff\) against its former counsel, Kennerly, Montgomery & Finley, P.C. (\Defendant\). The case arises from the expiration of a judgment obtained by Plaintiff against a defendant (\the third party\) in a suit that concluded more than a decade ago, and Defendant's alleged failure to advise Plaintiff of the judgment's impending expiration. The legal malpractice action was before Judge William T. Ailor, who had represented the third party in the underlying suit before becoming a judge. Judge Ailor granted Defendant's motion to dismiss based on Plaintiff's failure to bring the action within the time set by the relevant statute of limitations. After becoming aware of Plaintiff's and the third party's identities, Judge Ailor recused himself while Plaintiff's motion to alter or amend the judgment was pending. Plaintiff sought to void the judgment dismissing the case. Chancellor Christopher D. Heagerty was assigned to sit by interchange over the case and denied Plaintiff's motion. Plaintiff appealed. Discerning no reversible error, we affirm.