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COOPER v. JAMES

No. 21580.

627 N.W.2d 784 (2001)

2001 SD 59

Dawn COOPER, Plaintiff and Appellant, v. Timothy L. JAMES, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 16, 2001.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, & Peterson, Gregory, Attorneys for plaintiff and appellant.

Wanda Howey-Fox of Harmelink and Fox, Yankton, Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] Dawn Cooper brought suit against her former attorney Timothy James. The trial court granted summary judgment to James finding that no genuine issue of material fact existed for jury determination on the expiration of the statute of limitation. As genuine issues of material fact exist as to the time the representation of Cooper ended or whether James was estopped from asserting the statute of limitation defense, we reverse and remand.<...

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