Legal Opinion

Fabian v. Lindsay

Supreme Court of South Carolina

Decided October 29, 2014No. Appellate Case 2012-213726; 27460PublishedCited by 18 opinions

1Opinion of the CourtJustice Beatty

Erika Fabian (Appellant) brought this action for legal malpractice and breach of contract by a third-party beneficiary, alleging attorney Ross M. Lindsay, III and his law firm Lindsay & Lindsay (collectively, Respondents) made a drafting error in preparing a trust instrument for her late uncle and, as a result, she was effectively disinherited. Appellant appeals from a circuit court order dismissing her action under Rule 12(b)(6), SCRCP for failure to state a claim and contends South Carolina should recognize a cause of action, in tort and in contract, by a third-party beneficiary of a will…

Also in this document: Concurrence.

2Cases cited29 opinions

  1. Biakanja v. IrvingCalifornia Supreme Court · 1958
  2. Lucas v. HammCalifornia Supreme Court · 1961
  3. Savings Bank v. WardSupreme Court of the United States · 1880
  4. Guy v. LiederbachSupreme Court of Pennsylvania · 1983
  5. Barcelo v. ElliottTexas Supreme Court · 1996

24 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Est. of Robert H. Agnew v. Ross, D.Supreme Court of Pennsylvania · 2017
  2. Hotel & Motel Holdings, LLC v. BJC Enterprises, LLCCourt of Appeals of South Carolina · 2015
  3. Baker v. Wood, Ris & Hames, Professional Corp.Supreme Court of Colorado · 2016
  4. Thorsen v. Richmond Soc'y for the Prevention of Cruelty to AnimalsSupreme Court of Virginia · 2016
  5. Sentry Select Ins. Co. v. Maybank Law Firm, LLCSupreme Court of South Carolina · 2019

13 more not listed; retrieve them via the Exa API.

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