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HEINZE v. BAUER

No. 33579.

178 P.3d 597 (2008)

Timothy S. HEINZE, Plaintiff-Appellant, v. Charles B. BAUER, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2007 Term.

Rehearing Denied March 14, 2008.

Attorney(s) appearing for the Case

Ellis, Brown, & Sheils, Boise, for appellant. Allen Ellis argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Mark Prusynski argued.

HORTON, Justice.

This is a legal malpractice action. Appellant Timothy Heinze appeals from the district court's grant of summary judgment in favor of Respondent Charles Bauer dismissing Heinze's complaint. This Court is asked to decide whether Heinze is judicially estopped from pursuing a claim that Bauer negligently recommended Heinze accept the terms of a divorce settlement after Heinze stipulated to the settlement, under oath, in court. We affirm.

I. FACTUAL...

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