Gurkewitz

Plaintiffs, trustees, appeal from a summary judgment based on a ruling that the statute of limitations had run on their attorney malpractice action. Defendants have filed a purported protective cross-appeal from the denial of their motion for summary judgment on the grounds that plaintiffs no longer had standing to bring suit on behalf of the trust.

Plaintiffs Howard Gurkewitz and Marvin Lynn were two of three trustees of a trust having 56 beneficiaries. Under the trust agreement, dated May 18, 1970, the trust was to terminate seven years from the date of the agreement unless terminated earlier by conditions not pertinent to the present case. It appears that the trust was established so that the trustees could act on behalf of the beneficiaries in all matters relating to a note which was the res of the trust. These matters specifically included “all causes of action, claims, demands and rights against Security Title Insurance Company.”

Defendant attorneys represented plaintiffs, in their capacity as trustees, in an action against Security Title Insurance Company. Defendants filed a complaint in that action on July 26, 1972. On March 22, 1977, that action was dismissed…