Heinze v. Bauer

HORTON, Justice.

This is a legal malpractice action. Appellant Timothy Heinze appeals from the district court’s grant of summary judgment in favor of Respondent Charles Bauer dismissing Heinze’s complaint. This Court is asked to decide whether Heinze is judicially es-topped from pursuing a claim that Bauer negligently recommended Heinze accept the terms of a divorce settlement after Heinze stipulated to the settlement, under oath, in court. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Heinze retained Bauer, an attorney, to represent him in his divorce. The divorce action presented two main…