Anne v. Altenbernt, 2018 IL App (2d) 170614-U

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On February 10, 2017, Remesh Anne filed a legal malpractice complaint against his former attorney, Marc Altenbernt, who had represented Anne through the dissolution of Anne’s marriage. He alleged that Altenbernt had failed to properly inform the Court of the nature of his wife’s state retirement plan during the dissolution proceedings, resulting in the Court grossly undervaluing the plan when it divided up the marital property between Anne and his wife.

Altenbernt moved to dismiss, citing the statute of limitations imposed by 735 ILCS 5/13-214.3(b) (“An action for damages based on tort, contract, or otherwise […] against an attorney arising out of an act or omission in the performance of professional services […] must be commenced within 2 years from the time the person bringing the action knew or reasonably should have known of the injury for which damages are sought.”). Altenbernt contended that, at the latest, Anne knew or should have known to inquire further about any actionable wrong on the day the final judgment had been issued: January 15, 2015. The trial court dismissed Anne’s claim.

On appeal, Anne argued that the date by which he knew or should have known about any wrongdoing was February 12, 2015, when his new attorney told him of Altenbernt’s error. This would mean he filed his complaint against Altenbernt two days before the statute of limitations had expired. The Appellate Court of Illinois, Second District, disagreed, and affirmed the dismissal. In so doing, it held that “as a matter of law, plaintiff’s duty of inquiry began no later than January 27, 2015, when he retained his new attorney.” Id. at ¶16.

Anne v. Altenbernt, 2018 IL App (2d) 170614-U

(This is for informational purposes and is not legal advice.)


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