MOUNT VERNON – Madison County Circuit Judge Barbara Crowder correctly rejected a Lakin Law Firm bid to dismiss a legal malpractice claim, Fifth District appellate judges decided Oct. 9.
Without comment judges Stephen Spomer, Melissa Chapman and James Donovan denied the Lakins leave to appeal an order Crowder signed in May.
The Fifth District sent the Lakins back to Madison County, where Tennessee resident Suzanne Krause sued them last year.
Krause claims she could have recovered damages for leg injuries in Tennessee court if the Lakins had filed her claim on time.
She also seeks damages from former Lakin attorney Scott Meyer.
The Lakins argued to Crowder that an attorney client relationship never existed between them and Krause, but they didn't convince her.
Krause didn't convince Crowder either. Crowder certified questions to the Fifth District in August so the Lakins could seek immediate leave to appeal.
In September the Lakins applied to the Fifth District for leave to appeal, but the Fifth District turned them down.
Crowder has set a Nov. 2 hearing on a Lakin motion to stay the proceedings.
George Ripplinger of Belleville represents Krause.
Michael Nester of Belleville represents the Lakins.
Meyer represents himself.