Humphreys v. Argabrite
United States Court of Appeals for the Sixth Circuit
162 Fed. Appx. 544 (2006)
Alissa Humphreys (plaintiff) sued attorney William Argabrite (defendant) more than a year after he represented her in uncontested divorce proceedings and after the limitations deadline for malpractice actions had arguably run. Humphreys and her former husband had already mutually agreed to terms when she retained Argabrite, who negotiated a dissolution based on the couple’s agreement. Humphreys would receive $10 million in installments paid over 15 years without interest, without alimony. When her former husband paid only $6.5 million for an annuity to fund the payments, Humphreys asked what happened to the other $3.5 million. According to Humphreys, Argabrite asked why she cared how her husband paid the settlement. Humphreys agreed to forego interest, saying she could invest and earn it herself. Humphreys also testified she knew she would not receive alimony before the divorce was finalized, saying Argabrite said she would pay taxes on alimony, and that she knew she would receive less child support than state guidelines specified. Humphreys nonetheless claimed she did not realize she had a malpractice claim until another attorney told her nearly two years later. Humphreys sued alleging Argabrite advised her negligently with respect to interest, alimony, and child support. The trial court granted Argabrite summary judgment on limitations grounds. Humphreys appealed, arguing the discovery rule prevented her malpractice action from accruing until another attorney told her she had one.
Rule of Law
Holding and Reasoning (Per curiam)
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