Reiswerg v. Statom

BOEHM, Justice.

In this interlocutory appeal, Joseph Reiswerg and the law firm of Cohen Garel-ick and Grazier filed motions for summary judgment asserting an affirmative defense of statute of limitations to Pam Statom's attorney malpractice lawsuit against them. The trial court granted Statom's motion to strike both motions, stating that Reiswerg and the law firm had waived the statute of limitations defense by failing to raise it in response to Statom's motion for partial summary judgment against them. We reverse the trial court and hold that a party does not waive an affirmative defense by…