Appeal of judgment in legal malpractice suit dismissed for lack of appellate jurisdiction

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In this consolidated appeal, Joseph J. Reiswerg appeals the trial court’s grant of partial summary judgment to Pam Statom in her legal malpractice action, and both Reiswerg and Cohen Garelick&Glazier (“CGG”) appeal the trial court’s order striking their motions for summary judgment, which raised statute of limitations defenses. Reiswerg raises three issues, which we consolidate and restate as:  (1) Whether the trial court erred by granting Statom’s request for final judgment against Reiswerg; and (2) Whether the trial court abused its discretion by striking Reiswerg’s motion for summary judgment. CGG raises two issues, which we consolidate and restate as: (1) Whether the trial court abused its discretion by striking CGG’s motion for summary judgment.


Conclusion
(slip op. at 17):  We dismiss Reiswerg’s appeal of the trial court’s entry of final judgment, we affirm the trial court’s order striking Reiswerg’s motion for summary judgment, we reverse the trial court’s order striking CGG’s motion for summary judgment, and we remand for consideration of CGG’s motion for summary judgment.


Key Analysis
(slip op. at 9, 12-13, 16-17):  Because we do not have appellate jurisdiction to review the trial court’s entry or the order on partial summary judgment, we must dismiss the appeal of the trial court’s entry of final judgment . . . By failing to assert the statute of limitations defense in response to Statom’s motion for partial summary judgment, which the trial court granted, Reiswerg has waived the defense . . . CGG did not waive its affirmative defenses because the trial court’s order was not dispositive as to CGG’s liability.

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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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