FITZGERALD v. WALKER

No. 16607.

747 P.2d 752 (1987)

113 Idaho 730

L.D. FITZGERALD, Trustee in Bankruptcy, and Paul Spanbauer, Plaintiffs-Appellants, v. Lloyd J. WALKER, individually and as Trustee-in-Trust for Lloyd J. Walker, P.A., Defendant-Respondent.

Supreme Court of Idaho.

December 9, 1987.


Attorney(s) appearing for the Case

Lojek & Hall, Ctd., Donald W. Lojek (argued), Boise, for plaintiffs-appellants.

Clemons, Cosho & Humphrey, Sara M. Thorpe (argued), Boise, for defendant-respondent.


DONALDSON, Justice.*

This is a legal malpractice case in which the plaintiffs' sole expert witness on the question of breach informed them on the first day of trial, while the jury was being selected, that he could not testify on their behalf. The district court thereupon dismissed with prejudice plaintiffs' case, and later refused to grant relief from the judgment pursuant to I.R.C.P. 60(b). Plaintiffs now appeal, arguing that the court...

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