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WHARTON v. BELL

No. 2010 CA 0377.

KIRK WHARTON v. MICHAEL T. BELL, THE LAW OFFICES OF MICHAEL T. BELL, LLC and XYZ INSURANCE COMPANY.

Court of Appeals of Louisiana, First Circuit.

October 25, 2010.

Attorney(s) appearing for the Case

ZARA ZERINGUE, Covington, Louisiana, Counsel for Plaintiff/Appellant Kirk Wharton.

KERRY D. BROWN, LaPlace, Louisiana, Counsel for Defendant/Appellee Michael T. Bell and The Law Offices of Michael T. Bell.

JAMES H. GIBSON, DAVID J. AYO, Lafayette, Louisiana, Counsel for Defendant/Appellee Continental Casualty Company.

Before: WHIPPLE, McDONALD, and McCLENDON, JJ.

Not Designated for Publication

McCLENDON, J.

In this action for legal malpractice, the trial court granted the malpractice insurer's motion for summary judgment and dismissed all of plaintiff's claims with prejudice. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

The Underlying Suit

On January 30, 2006, Mortgage Electronic Registration Systems (MERS) filed a Petition for Executory Process with Benefit of Appraisement...

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