Larson & Larson, P.A. v. TSE Industries, Inc.

I agree with the present majority opinion to the extent it holds that the portion of TSE’s malpractice claim involving TSE’s attorney fees and expenses is barred, but I disagree to the extent it holds that the portion involving Frank-lynn’s fees and expenses is not barred. I would remand for reinstatement of the trial court’s order of summary judgment barring TSE’s malpractice claim in its entirety.

A. The Malpractice Claim

The trial court entered judgment for Franklynn in the patent case on October 24, 2001. TSE filed timely motions for judgment as a matter of law and for a new trial, and…