Hager v. Fitzgerald

OPINION

FRANKS, Judge.

Plaintiffs brought this action against their attorney, alleging that he was guilty of “fraud, outrageous conduct, legal malpractice, and breach of fiduciary duty” in purchasing the proceeds of the structured settlements entered by the plaintiffs.

The Trial Court granted summary judgment on behalf of the defendant, after the discovery depositions of the plaintiffs were taken and defendant filed an affidavit of an “investment specialist”.

We begin our analysis by observing that no presumption of correctness attaches to decisions granting summary judgment, Roberts v. Roberts,…