S-13-103, Keith Harris (Appellant) v. Robert O’Connor, Jr. (Appellee)
Douglas County, Judge Timothy P. Burns
Attorneys: Thomas Wulff; Thomas Freeman (Wulff & Freeman, LLC) (Appellant); William M. Lamson, Jr.; Jason W. Grams (Lamson, Dugan, and Murray, LLP)
Civil: Malpractice action; appeal from order sustaining motion for summary judgment.
Proceedings below: O’Connor moved for summary judgment. The district court sustained that motion. Additionally, the court determined that the facts showed that Harris never told O’Connor to appeal and O’Connor never agreed to file an appeal. The court also disallowed “expert” evidence regarding a legal question.
Issues: Appellant argues the district court erred in (1) finding O’Connor did not commit malpractice when he failed to preserve the record for appeal, (2) finding O’Connor did not commit malpractice when he failed to go back to the Board for rehearing or appeal to the district court, and (3) refusing to allow evidence from experts on the issue of legal malpractice.