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Legal Opinion

Spencer v. Beck

Montana Supreme Court

Decided December 7, 2010No. DA 10-0276PublishedCited by 7 opinions

1Opinion of the CourtJustice Cotter

¶1 Kirk Spencer (Spencer) appeals the order of the Tenth Judicial District Court, Fergus County, dismissing his complaint alleging legal malpractice against Attorney Allen Beck (Beck). We reverse and remand.

ISSUE

¶2 Spencer raises three issues for review, but we conclude his first issue is dispositive. A restatement of the dispositive issue is whether the District Court erred in construing Spencer’s legal malpractice complaint as a petition for postconviction relief, and dismissing it as untimely.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On February 3, 2010, Spencer filed a Complaint and Demand for…

2Cases cited8 opinions

  1. Davis v. StateMontana Supreme Court · 2008
  2. Jones v. Montana University SystemMontana Supreme Court · 2007
  3. Meagher v. Butte-Silver Bow City-CountyMontana Supreme Court · 2007
  4. Ereth v. Cascade CountyMontana Supreme Court · 2003
  5. Plouffe v. StateMontana Supreme Court · 2003

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. BNSF Railway Co. v. CringleMontana Supreme Court · 2010
  2. Labair Ex Rel. Labair v. CareyMontana Supreme Court · 2012
  3. Pederson v. ROCKY MOUNTAIN BANKMontana Supreme Court · 2012
  4. BNSF Railway Co. v. CringleMontana Supreme Court · 2010
  5. Labair Ex Rel. Labair v. CareyMontana Supreme Court · 2012

2 more not listed; retrieve them via the Exa API.

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