Reverses grant of SJ in favor of appellee regarding appellant’s attorney malpractice complaint

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UNPUBLISHED
Municipal Tax Liens, Inc. (“MTL”) appeals the trial court’s grant of summary judgment to Michael Alexander regarding MTL’s attorney malpractice complaint against Alexander. MTL raises one issue, which we revise and restate as whether the trial court erred by granting summary judgment to Alexander.
Conclusion (slip op. at 10):  We reverse the trial court’s grant of summary judgment to Alexander and remand for proceedings consistent with this opinion.
Key Analysis (slip op. at 8-9, 10):  The Indiana Supreme Court has held that legal malpractice claims are not assignable . . . Douglas’s affidavit does not expressly state that CARP had a malpractice claim against Alexander and assigned it to MTL. Rather the affidavit merely states that the settlement reached by MTL and CARP was offset and reduced by the amount of losses attributed to the tax certificates and liens . . . We conclude that a genuine issue of material fact exists regarding whether MTL is a direct continuation of RAP and whether RAP assigned the legal malpractice claim to MTL. Thus, the trial court erred by granting summary judgment to Alexander.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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