McClain v. Buechner

SATZ, Judge.

Plaintiffs, Dahryl McClain and Harold Chute, appeal the dismissal of their petition. We affirm.

Plaintiffs sued defendant, John W. Buechner, an attorney, in a two count petition, Count I for negligence, commonly referred to as “legal malpractice,” and Count II for fraud. In Count I, plaintiffs allege: they “were served with process” on August 25, 1981, in a suit filed in Illinois, in which a Venie Nolan was suing plaintiffs here and four other named parties: “A.D. McClain, Robert R. Dimmitt (Dimmitt), Kenneth B. McClain (K. McClain), and Randall Capelle (Capelle)”; plaintiffs here…