Thornton v. Mankovitch

JOHNSON, Presiding Judge.

Michael Thornton, Harry Lembeck, and the Law Office of Michael Thornton, P.C. (collectively “Thornton”) seek review of the trial court’s partial denial of their motion for summary judgment. At issue is whether DT&S Enterprises, Inc. may bring a legal malpractice and breach of fiduciary duty action against Thornton following DT&S’s involuntary Chapter 7 bankruptcy proceeding at which the bankruptcy trustee settled the estate. We find that the trustee’s settlement of the estate resulted in the corporation being classified as “defunct.” And, since a defunct entity lacks…