SCHMITZ v. CROTTY

No. 93-1650.

528 N.W.2d 112 (1995)

Clyde SCHMITZ and Connie Karhoff, Appellants, v. J. Desmond CROTTY, Appellee.

Supreme Court of Iowa.

As Amended February 28, 1995.


Attorney(s) appearing for the Case

James R. Van Dyke of Van Dyke & Werden, P.C., Carroll, for appellants.

Donald A. Beneke, Pocahontas, for appellee.

Considered by McGIVERIN, C.J., and NEUMAN, SNELL, ANDREASEN and TERNUS, JJ.


McGIVERIN, Chief Justice.

This case raises the issue of whether the defendant attorney breached the duty of care he owed to the plaintiff beneficiaries in his handling of their mother's estate as a matter of law. Because the defendant accepted responsibility for the death tax returns he filed on behalf of the plaintiffs' mother's estate and the plaintiffs showed defendant's undisputed mishandling of those returns, we conclude that this is a rare case which requires...

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