Legal Opinion

Duncan v. Dempsey

Missouri Court of Appeals

Decided April 24, 2018No. ED 105962PublishedCited by 5 opinions

1Opinion of the CourtAngela T. Quigless, J.

Daryl Duncan ("Duncan") appeals from the trial court's grant of summary judgment in favor of Michael C. Dempsey and Baylard, Billington, Dempsey & Jensen, P.C. (collectively, "Dempsey") on Duncan's claim of professional negligence for legal malpractice against Dempsey. Duncan asserts one point on appeal, arguing the trial court erred in granting summary judgment because Dempsey's motion was supported by inadmissible hearsay, discovery was still outstanding, and genuine issues of material fact remained such that summary judgment was not proper. We affirm.

Factual and Procedural Background

We…

2Cases cited22 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Margiotta v. Christian Hospital Northeast NorthwestSupreme Court of Missouri · 2010
  3. Diehl v. Fred Weber, Inc.Missouri Court of Appeals · 2010
  4. State Ex Rel. Conway v. VillaMissouri Court of Appeals · 1993
  5. Stalcup v. Orthotic & Prosthetic Lab, Inc.Missouri Court of Appeals · 1999

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3Cited by5 opinions

  1. Jonathan Montgomery v. Coreslab Structures (Missouri), INC.Missouri Court of Appeals · 2024
  2. Lara and Brian Fallon v. Mark EasleyMissouri Court of Appeals · 2024
  3. Progressive Casualty Insurance Company v. Kenneth Moore, and Lashun GivandsMissouri Court of Appeals · 2023
  4. Stacy A. Albright v. Union Electric CompanyMissouri Court of Appeals · 2024
  5. Tiffany Traweek v. Timothy Smith and Davis & Bell Auction Service, L.L.C.Missouri Court of Appeals · 2020

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