Burke v. Foss

HERTZ, Circuit Judge.

Appellee Burke commenced this action against appellant Foss to recover legal fees for services rendered in a divorce action. The services included two court trials, an appeal and several post-trial hearings. Foss appeared and by answer raised the affirmative defense of the statute of limitations. The trial court entered judgment in the amount of $6,000.00. Foss appeals from this judgment. There is no transcript other than Burke’s deposition, which was taken for use at the trial. We reverse and remand with directions to the trial court to enter a judgment dismissing…