HEWITT v. ALLEN

No. 35965.

43 P.3d 345 (2002)

Margret E. HEWITT, Personal Representative of the Estate of Nancy Billhartz, Deceased, Appellant, v. David ALLEN, A Nevada Professional Corporation, D/B/A David Allen and Associates; and David M. Jones, Respondents.

Supreme Court of Nevada.

April 10, 2002.


Attorney(s) appearing for the Case

Carl M. Hebert and David Hamilton, Reno, for Appellant.

Raleigh Hunt McGarry & Drizin and Bert E. Wuester Jr., Las Vegas, for Respondents.

BEFORE THE COURT EN BANC.


OPINION

By the Court, BECKER, J.:

This appeal asks whether an action for litigation legal malpractice is automatically deemed abandoned when the plaintiff voluntarily dismisses the appeal taken from the underlying civil action where the legal malpractice is alleged to have occurred. We conclude that a party does not always abandon his or her right to pursue a claim for litigation legal malpractice when he...

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