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MIAMI INTERN. REALTY CO. v. PAYNTER

No. 86-1302.

841 F.2d 348 (1988)

MIAMI INTERNATIONAL REALTY CO., Plaintiff, Counterclaim Defendant, Appellee, v. Richard PAYNTER and Paynter & Hensick, P.C., Defendants, Counterclaimants, Third Party Plaintiffs, Appellants, v. Marilyn LEFF, Martin Marcus, Sportsman Resort West, Inc., Saul Rudes, George Lax, Rudes & Lax, a law firm, Third Party Defendants, Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 1988.

Attorney(s) appearing for the Case

Paul D. Cooper of Cooper & Kelley, P.C. (Kim B. Childs and Charles R. Ledbetter, with him on the brief), Denver, Colo., for defendants, counterclaimants, third party plaintiffs, appellants.

B. Lawrence Theis of Walters & Theis, Denver, Colo., for plaintiff, counterclaim defendant, appellee.

John D. Phillips of Hall & Evans (Daniel W. Pinkston, with him on the brief), Denver, Colo., for third party defendants, appellees Saul Rudes, George Lax and Rudes & Lax.

Before HOLLOWAY, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

Miami International Realty Company ("Miami") sued Richard T. Paynter and his law firm, Paynter & Hensick, P.C. (collectively "Paynter"), in this diversity case for attorney malpractice. After a ten day jury trial, the jury rendered a verdict in favor of Miami, finding that Paynter had breached his professional duty to Miami thereby causing Miami to lose future profits which it otherwise would have received as the promoter of a time-share project...

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