Rogers v. Williams, Larson, Voss, Strobel & Estes

The opinion of the court was delivered by

McFarland, J.:

This is a legal malpractice action in which the trial court granted summary judgment in favor of defendant attorneys on the basis of res judicata and the running of the statute of limitations. Plaintiffs Beverly F. Rogers and William N. Rogers, as individuals and co-administrators of the estate of Charles Merkle, deceased, appeal therefrom.

The facts, although uncontroverted, must be set forth in some detail. Charles Merkle died intestate on June 28, 1977. Beverly Rogers, daughter of the deceased, was his sole heir at law. On July 11,…