Alston v. Stubbs

Pope, Judge.

Appellant Raymond Alston brought this action against appellee M. Francis Stubbs alleging negligence in the performance of certain legal services provided by appellee. Appellant sought recovery of legal expenses incurred in the defense of a third-party action against him, the return of certain attorney fees paid to appellee, and attorney fees and costs of this action. Appellant brings this appeal from the trial court’s grant of appellee’s motion to dismiss for failure to state a claim.

The facts of this case are essentially without dispute. In July of 1978 appellee, a practicing…