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KINDLE v. MORISSET, SCHLOSSER, AYER & JOZWIAK

No. 99-2452.

217 F.3d 602 (2000)

William KINDLE, individually and as President of the Rosebud Sioux Tribe; Rosebud Sioux Tribe, both as a governmental and corporate entity, Appellants, v. MORISSET, SCHLOSSER, AYER & JOZWIAK, also known as Pirtle, Morisset, Schlosser & Ayer, a professional service corporation, and its predecessor in interest; Mason D. Morisset, both individually and as a member and employee of Morisset, Schlosser, Ayer & Jozwiak, and as a member and employee of its predecessor in interest, Pirtle, Morisset, Schlosser & Ayer, a professional corporation; K. Allison McGaw, both individually and as a member and employee of Morisset, Schlosser, Ayer & Jozwiak, a professional service corporation and as a member and employee of its predecessor in interest, Pirtle, Morisset, Schlosser & Ayer, a professional service corporation; and Patricia A. Marks, both individually and as a member and employee of Morisset, Schlosser, Ayer & Jozwiak, a professional service corporation and as a member and employee of its predecessor in interest, Pirtle, Morisset, Schlosser & Ayer, a professional service corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2000.

Attorney(s) appearing for the Case

Jeffrey Lynn Viken, Rapid City, SD, argued (Kenneth R. Dewell, on the brief), for appellants.

Patricia Anne Meyers, Rapid City, SD, argued (Gene R. Bushnell, on the brief), for appellees.

Before RICHARD S. ARNOLD, BEAM, and MURPHY, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This is an action for legal malpractice, and the question presented is whether the District Court1 correctly determined, on summary judgment, that the action was barred by the three-year South Dakota statute of limitations. This issue, in turn, depends on whether the defendant law firm continued to represent the plaintiffs until a date less than three years before the filing of the complaint. The plaintiffs...

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