Turner v. Kitchings

Carley, Judge.

Alleging a claim for legal malpractice, appellant-plaintiff filed suit against appellee-defendant. Appellee answered and subsequently moved for summary judgment, relying upon his own affidavit wherein he averred that his “degree of care and diligence in the handling of the case for [appellant] was that degree of care and skill customarily employed by attorneys under the same conditions and like surrounding circumstances.” After conducting a hearing, the trial court granted summary judgment in favor of appellee and appellant appeals from that order.

Appellee’s own affidavit was…