Duncklee v. Wills

LEVINE, Justice.

Terri Duncklee appeals from a summary judgment dismissing her legal malpractice action against attorney Karen Wills. We hold that Duncklee’s response to the motion for summary judgment was timely under Rule 3.2, of the North Dakota Rules of Court and that she raised a material fact issue making summary judgment under Rule 56, N.D.R.Civ.P., inappropriate. The trial court erred in dismissing Duncklee’s action on the ground she did not timely respond to Wills’ motion. Consequently, we reverse the summary judgment dismissal and remand for further proceedings.

In 1987, Wills…