Legal Opinion · Dissent

Morrow Cash Heating & Air, Inc. v. Jackson

Court of Appeals of Arkansas

Decided September 13, 2006No. CA 05-1260Published

1DissentKaren R. Baker, Judge

The majority holds that fair-minded persons might conclude, on this record, that the statute of limitations did not begin to run until appellants accepted and implemented the advice in March 2000, just under three years before the counterclaim was filed. I disagree.

All the parties agree that the advice was given to appellants in January 2000, more than three years prior to the filing of appellants’ counterclaim. The statute of limitations period for professional malpractice actions is three years, and absent concealment it begins to run upon the occurrence of the wrong. Delanno, Inc. v.…

2Cases cited6 opinions

  1. Goldsby v. FairleySupreme Court of Arkansas · 1992
  2. Delanno, Inc. v. PeaceSupreme Court of Arkansas · 2006
  3. Ford's Inc. v. Russell Brown & Co.Supreme Court of Arkansas · 1989
  4. Ragar v. BrownSupreme Court of Arkansas · 1998
  5. Moix-McNutt v. BrownSupreme Court of Arkansas · 2002

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