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Yager v. Clauson

Supreme Court of New Hampshire

August 13, 2014

James Yager
v.
K. William Clauson & a

Argued: April 3, 2014.

Page 7

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire reports.

Grafton.

Vacated and remanded.

Orr & Reno, PA, of Concord ( Jeffrey C. Spear on the brief and orally), for the plaintiff.

K. William Clauson, self-represented party, by brief and orally.

Clauson, Atwood and Spaneas filed no brief.

CONBOY, J. DALIANIS, C.J., and HICKS and LYNN, JJ., concurred.

OPINION

Page 8

Conboy, J.

The plaintiff, James Yager, appeals an order of the Superior Court ( Vaughan, J.) dismissing his claim for legal malpractice against the defendants, K. William Clauson and the law firm of Clauson, Atwood & Spaneas. We vacate and remand.

The record supports the following facts. In 2007, the defendants represented the plaintiff in an action against Mighty Oaks Realty, LLC (Mighty Oaks), which alleged that " [b]eginning in 2005, Mighty Oaks began cutting timber on two parcels of land belonging to [the plaintiff]." The trial court granted summary judgment in favor of Mighty Oaks, in part, because the plaintiff " offer[ed] no specific facts to ...


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