Sutton v. Mytich

This cause is alleged legal malpractice. The case is before us on a dismissal with prejudice of plaintiff’s original complaint pursuant to defendant’s motion to dismiss. The threshold question is whether the action is barred by the five-year statute of limitations applicable to attorney malpractice claims. If plaintiff’s action is not completely barred by section 13 — 205 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 12 — 205), then there is an issue of whether the averments of damage in the original complaint suffice to state a cause of action. The complaint of…