John Kohl & Company P.C. v. Dearborn & Ewing, a Tennessee General Partnership, and Dan E. Huffstutter

Case Number
01S01-9711-CV-00255

In this legal malpractice action, the plaintiffs, John Kohl & Company P.C., John B. Kohl, III and Helen H. Kohl, Individually, and John B. Kohl, III, Trustee, as Trustee of the John Kohl & Company, P.C. Profit Sharing Plan, (collectively referred to as the “plaintiffs”), appeal from the Court of Appeals’ decision affirming the trial court’s finding that the statute of limitations barred the plaintiffs’ recovery for negligently provided legal advice pertaining to certain business matters. The plaintiffs have also appealed from the denial of legal fees associated with prosecuting this action against the defendant, Dearborn and Ewing, and one of its associates, Dan Huffstutter. The issues before us are: (1) whether certain of the plaintiffs’ claims are barred by the one-year statute of limitations applicable to legal malpractice actions, see Tenn. Code Ann. § 28-3-104, and (2) whether the plaintiffs are entitled to recover legal fees associated with prosecuting this action. For the reasons explained hereafter, the decision of the Court of Appeals is affirmed.

Authoring Judge
Justice Frank F. Drowota, III
Originating Judge
Judge Thomas W. Brothers
Case Name
John Kohl & Company P.C. v. Dearborn & Ewing, a Tennessee General Partnership, and Dan E. Huffstutter
Date Filed
Dissent or Concur
No
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