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LABAIR v. CAREY

No. DA 11-0755.

291 P.3d 1160 (2012)

2012 MT 312

Holly LABAIR and Robert Labair, Individually and on behalf of Dawson R. Labair, deceased minor child, Plaintiffs and Appellants, v. Steve CAREY, Esq., and Carey Law Firm, and Jane Does 1-4, Defendants and Appellees.

Supreme Court of Montana.

Submitted October 23, 2012.

Decided December 27, 2012.

Attorney(s) appearing for the Case

For Appellants: Tina L. Morin (argued), Morin Law Firm, PLLC, Butte, Montana.

For Appellees: Mikel L. Moore (argued), Moore, Cockrell, Goicoechea & Axelberg, P.C., Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Holly and Robert Labair (the Labairs) appeal from an order and judgment of the Montana Fourth Judicial District Court, Missoula County, granting summary judgment to Steve Carey and Carey Law Firm (collectively "Carey") and dismissing the Labairs' claims of legal malpractice. We reverse and remand.

ISSUES

¶ 2 The Labairs raised the following issue on appeal: whether a plaintiff...

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