Nagle v. Nagle

I concur in the result reached by the Court, and I agree that the statute of frauds precludes Margie’s recovery against Frank. However, I disagree with the holding that Margie failed to preserve error regarding the judgment n. o. v. in favor of her former attorney, Allen Isbell.

Margie sued Isbell for his failure to reduce to writing Frank’s agreement to convey his interest in the house. Her malpractice cause of action was an alternative ground of recovery which was contingent on her failure to recover against Frank. After awarding Margie damages against Frank, the trial court disregarded the…