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FORMYDUVAL v. BRITT

No. COA05-584.

630 S.E.2d 192 (2006)

Marie T. FORMYDUVAL, as Administratrix of the Estate of Hartwell B. Formyduval and Joey Formyduval, Plaintiffs, v. William S. BRITT, Individually and d/b/a Britt & Britt; and Britt & Britt, PLLC, Defendants.

Court of Appeals of North Carolina.

June 6, 2006.

Attorney(s) appearing for the Case

The Odom Law Firm, PLLC, by Thomas L. Odom, Jr., Charlotte, and T. LaFontine Odom, Sr., and Williamson & Walton, LLP, by Benton H. Walton, III, Whiteville, for plaintiffs-appellants.

Mitchell, Brewer & Richardson, by Ronnie M. Mitchell and Coy E. Brewer, Jr., Fayetteville, for defendants-appellees.

TYSON, Judge.

Marie T. Formyduval, Administratrix of the Estate of Hartwell B. Formyduval, and son, Joey Formyduval (collectively, "plaintiffs") appeal from order entered denying plaintiffs' motion to amend their complaint and dismissing plaintiffs' legal malpractice actions against William S. Britt and Britt & Britt, PLLC (collectively, "defendants"). We reverse and remand.

I. Background

In June 1995, plaintiffs retained attorney William...

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