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SMITH v. HERRLING, MYSE, SWAIN & DYER, LTD.

No. 96-2262.

211 Wis.2d 787 (1997)

565 N.W.2d 809

David J. SMITH, Plaintiff-Appellant, v. HERRLING, MYSE, SWAIN & DYER, LTD., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 21, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of David J. Smith, pro se.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert R. Studt and J. Timothy Lovett of Jenswold, Studt & Hanson of Madison.

Before Snyder, P.J., Brown and Nettesheim, JJ.

BROWN, J.

In this legal malpractice case, David J. Smith alleges that he was injured when his defense counsel failed to timely file a jurisdictional challenge during the pretrial proceedings of his criminal trial. The circuit court held that Smith had notice of this injury when the criminal court issued a decision observing that his jurisdictional claim was subject to waiver. It therefore found that Smith had not filed his malpractice suit within the statute of limitations...

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