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Goffney v. Rabson

Because the plaintiff abandoned her legal malpractice claim prior to trial, she may not recover on asserted causes of action that are essentially claims of legal malpractice.

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REVERSED AND RENDERED AND OPINION FILED JULY 12, 2001.

OPINION

Appellant, Gladys R. Goffney, appeals the trial court’s judgment entered in favor of appellee, Sylvia Rabson. Rabson initially sued Goffney for legal malpractice, breach of contract, Deceptive Trade Practices Act-Consumer Protection Act (“DTPA”) violations, and breach of fiduciary duty in connection with Goffney’s representation of her in an underlying lawsuit involving a will contest. Prior to trial, Rabson dropped her legal malpractice claim against Goffney and proceeded to trial on her remaining claims. The jury found in favor of Rabson on her breach of contract, DTPA, and breach of fiduciary duty claims. Because we find Rabson’s breach of contract, DTPA, and breach of fiduciary duty claims are in the nature of a tort action for legal malpractice, which was abandoned prior to trial, we reverse the judgment of the trial court and render judgment that Rabson take nothing on her claims against Goffney.

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