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Court of Appeals Affirms Summary Judgment for Lawyer and Rejects Attack on Prior Judgment

November 14, 2011

Shannon Sprinkle and Joe Kingma obtained denial of a petition for writ of certiorari from the Supreme Court after the Court of Appeals had affirmed the grant of summary judgment granted in favor of their lawyer client. Their client had been sued by an opposing party in a divorce case for claims of breach of fiduciary duty, fraud, and conspiracy. Plaintiff’s claims were an effort to un-do the divorce decree, which he said resulted in an unfair distribution of marital assets. The trial court had previously rejected all of Plaintiff’s claims against the lawyer as an improper collateral attack on the prior judgment and found that Plaintiff was barred by in pari delicto due to his own bad acts.

The Court of Appeals affirmed the trial court’s decision, agreeing that the Plaintiff’s claims were an improper collateral attack on the prior judgment. The Supreme Court’s denial of the Plaintiff’s petition for writ of certiorari marks the end of the Plaintiff’s appeals and brings this case to a close in the client’s favor.

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