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JOHNSON v. HART

Record No. 090984.

692 S.E.2d 239 (2010)

Nancy E. JOHNSON v. John W. HART, et al.

Supreme Court of Virginia.

April 15, 2010.

Attorney(s) appearing for the Case

Kevin E. Martingayle, Virginia Beach (Moody E. Stallings, Jr., Virginia Beach; Jonathan L. Stone; Stallings & Bischoff, on briefs), for appellant.

M. Eve G. Campbell (William D. Bayliss; Williams Mullen, on brief), Richmond, for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, GOODWYN and MILLETTE, JJ., and RUSSELL, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal we consider whether a sole testamentary beneficiary, in her individual capacity, may maintain a legal malpractice action against the attorney for the estate for the attorney's allegedly negligent services rendered to the estate. We also consider whether the prevailing party in the circuit court, by endorsing the final order "seen and consented to," has expressly waived any arguments he presented to the trial court...

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