Goldberg as a Divorce Attorney by Kayla B.

In 2003, Laura Orcutt retained Michelle Goldberg as a divorce attorney. Leslie Reynolds, Orcutt's husband, failed to appear at a hearing for temporary orders . Goldberg withdrew as Orcutt's attorney in 2004. In 2005, Orcutt sued Goldberg for legal malpractice for allegedly failing to serve Reynolds with process and providing him with notice of the temporary orders hearing in 2003.Goldberg filed a summary judgment motion that Orcutt's claim was barred by res judicata. Res Judicata means 'the thing has been judged.' The court accepted Goldberg's motion followed by Orcutt filing for a new trial that was granted. The trial court granted Goldberg's no-evidence motions.

Did the court error when they granted summary judgment for Goldberg?

A summary judgment is an immediate decision by the court without going to trial based on the papers filed by the parties. The party who files it is responsible for showing the burden that there is no issue of face but that it is a issue of law. A no-evidence summary judgment is granted when 'there is a complete absence of evidence of a vital fact, the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact, the evidence offered to prove a vital fact is no more than a scintilla, or the evidence conclusively establishes the opposite of vital fact.'

Orcutt needed to prove that she did suffer damages from Goldberg's malpractice. However, when the damages are too uncertain to be determined, they cannot be recovered. Orcutt needed to also prove there was probative evidence to raise a question of fact. She gave a dollar amount based on the monthly spousal support and attorney's fees. That dollar amount was negated by a lack of evidence. There was not a record of a signed order, a transcript of the May 19,2004 hearing, or another record showing that the court vacated the temporary orders. This evidence was so weak that the court did not consider it as evidence and granted Goldberg's motions.

The trial court's judgment was affirmed.

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