Moshier v. Fisher
Court of Appeals of Utah
Judge David N. Mortensen authored this Opinion, in which Judges Kate A. Toomey and Jill M. Pohlman concurred.
1Opinion of the Court
MORTENSEN, Judge:
¶ 1 Some people say time heals all wounds ; 1 in the law, time often forecloses recovery. Monty and Kelly Moshier lost their chance to collect all $874,805.68 owed to them in a bankruptcy proceeding when their attorney, Darwin C. Fisher, failed to file a nondischargeability complaint by the statutory deadline, December 29, 2010. Despite learning of Fisher's malpractice by no later than March 2012, the Moshiers waited until October 2015 to file a malpractice lawsuit against him. The district court granted Fisher's motion for summary judgment on the Moshiers' malpractice claim…
2Cases cited6 opinions
- In Re Robert Ray Harrison and Frankey Daylene Harrison, Debtors. Agricredit Corporation v. Robert Ray Harrison and Frankey Daylene HarrisonCourt of Appeals for the Tenth Circuit · 1993
- Doit, Inc. v. Touche, Ross & Co.Utah Supreme Court · 1996
- Wagner v. SellingerDistrict of Columbia Court of Appeals · 2004
- Alliant Techsystems, Inc. v. Salt Lake County Board of EqualizationUtah Supreme Court · 2012
- Irons v. Santiago (In Re Santiago)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thomas v. HillyardUtah Supreme Court · 2019
- Moshier v. FisherUtah Supreme Court · 2019