Gere v. Louis

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Defendant Frank A. Louis, Esq. represented Plaintiff Julia Gere in connection with Plaintiff's divorce from Peter Ricker. Pursuant to the property settlement agreement, Plaintiff had a six month window, which ended in October 2000, to decide how she wished to proceed with respect to the parties' ancillary real estate investments. Plaintiff's understanding was that she would retain a one-half interest in those assets unless she affirmatively advised Ricker within six months that she did not wish to do so. One of those assets was Navesink Partners, which owned both the real estate and business operations of a marina. Based on Louis's interpretation of Plaintiff’s wishes after a discussion with her friend, Louis sent a letter dated October 11, 2000, to Ricker's attorney stating, "this will confirm that except for the Marina, Mrs. Ricker wishes to maintain one-half interest in all other properties." Subsequently, a dispute arose in which Ricker maintained that Plaintiff had waived any interest in Navesink Partners, and Plaintiff contended that she did not waive her interest, that she wanted to continue her ownership interest in the marina's real estate, and that she was entitled to fair value for her interest in the marina's business operations. Plaintiff ultimately sued Louis for malpractice over the purported waiver of her interests in the marina property. The issue before the Supreme Court on appeal was whether "Puder v. Buechel" (183 N.J. 428 (2005)) barred Plaintiff's malpractice action against her former attorney and whether that claim was time-barred. The appellate division affirmed the trial court decision that Plaintiff indeed was time barred, and that she voluntarily entered into a settlement agreement regarding the marina property which she testified was "fair and reasonable." Upon review, the Supreme Court found Plaintiff's case was materially distinguishable from "Puder," and that her legal malpractice claim was not barred. View "Gere v. Louis" on Justia Law