Hewitt v. Allen

*217OPINION

By the Court,

Becker, J.:

This appeal asks whether an action for litigation legal malpractice is automatically deemed abandoned when the plaintiff voluntarily dismisses the appeal taken from the underlying civil action where the legal malpractice is alleged to have occurred. We conclude that a party does not always abandon his or her right to pursue a claim for litigation legal malpractice when he or she voluntarily dismisses a civil appeal. When the appeal of the *218underlying action would be fruitless or without merit, the voluntary dismissal of the appeal does not constitute abandonment…