Bonz v. Sudweeks

BOYLE, Justice.

In this appeal we are called upon to determine whether the existence of a cloud on the title to real property which contin ued because of a failure to properly record a release of lis pendens is sufficient damage for a professional malpractice action to accrue.

The trial court granted defendant’s motion for summary judgment and dismissed plaintiffs’ case on the basis that the action had accrued at the time the cloud on title was allowed to remain and the two-year statute of limitations in I.C. § 5-219(4) had expired prior to plaintiffs filing their complaint. For reasons set…