Terri Harrigfeld Sara Harrigfeld v. J.D. Hancock Hancock & Zollinger, a Partnership

Good Law
2003 Daily Journal DAR 1189·317 F.3d 1094·2003 WL 194419·2003 Cal. Daily Op. Serv. 929·2003 U.S. App. LEXIS 1480
United States Court of Appeals for the Ninth CircuitJanuary 30, 200301-35525California1,165 words

Opinion

Opinion

ORDER CERTIFYING QUESTION OF LAW TO THE IDAHO SUPREME COURT

ORDER

Terri Harrigfeld and Sarah Harrigfeld (collectively “the Harrigfelds”) appeal from an order of the United States District Court for the District of Idaho granting summary judgment on their legal malpractice claim to defendant-appellees J.D. Hancock (“Hancock”) and the law firm Smith, Hancock & Zollinger (collectively “the Defendants”) on the ground that no attorney-client relationship existed between the Harrigfelds and the Defendants. We vacate submission and certify the legal question dispositive of this appeal to the Idaho Supreme Court.

I

Because resolution of this appeal depends on a question of Idaho law and we find no controlling precedent in the decisions of the Idaho Supreme Court, pursuant to Rule 12.2 of the Idaho Appellate Rules we respectfully request the Idaho Supreme Court to exercise its discretion to accept certification of the following legal question:

A determination of Idaho law with regard to the certified question would resolve the issues pending before this court and would determine whether the litigation in the district court will resume.

II

Hancock, a partner in Smith, Hancock &…

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