Dowling v. Salewski

2007 ME 78, 926 A.2d 193, 2007 Me. LEXIS 78
CourtSupreme Judicial Court of Maine
DecidedJune 28, 2007
StatusPublished
Cited by10 cases

This text of 2007 ME 78 (Dowling v. Salewski) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dowling v. Salewski, 2007 ME 78, 926 A.2d 193, 2007 Me. LEXIS 78 (Me. 2007).

Opinion

CALKINS, J.

[¶ 1] This case requires us to determine the meaning of the phrase “real estate title opinion” as' it is used in the statute of limitations for professional negligence by attorneys. Richard Salewski appeals from a judgment following a jury trial entered in the Superior Court (Knox County, Wheeler, J.) granting damages to Tim and Jean Dowling for Salewski’s legal malpractice. Specifically, he argues that an oral statement to the Dowlings that their title was “good” or “clear” does not invoke 14 M.R.S. § 753-B(2) (2006), which provides that the limitations period for bringing a malpractice action “starts to run on the date the negligence is discovered” if the negligence is “in the rendering of a real estate title opinion.” We agree with Sa-lewski that the applicable statute is 14 M.R.S. § 753-B(l) (2006), which provides that the statute of limitations begins to run from the date of the act or omission giving rise to the claim. Applying section 753-B(l) means that the Dowlings’ claim is barred. We vacate the judgment and remand to the Superior Court for the entry of a judgment in favor of Salewski. 1

I. BACKGROUND

[¶ 2] This case arises from a transaction in 1998 in which the Dowlings purchased real estate from a seller, who has since died. The purchase and sale contract stated that the sale was for thirty-nine acres of land in St. George. The Dowlings hired a real estate agency to assist them in the negotiation of the contract. 2

*195 [¶ 3] The closing took place on March 30, 1998. The Dowlings’ lending bank hired Salewski to act as a settlement agent. A disputed fact at trial was whether Salewski also represented the Dowlings at the closing, and the jury found that he represented them. Salewski has not appealed the jury’s finding that he represented the Dowlings at the closing.

[¶ 4] The Dowlings did not purchase title insurance, and they did not have the property surveyed prior to the closing. The deed presented at the closing, which was drafted by the seller’s attorney, was for a ten-acre parcel of property. Tim Dowl-ing’s trial testimony was that at the closing Salewski asked the Dowlings if they wanted title insurance. According to Tim Dowling, Salewski told the Dowlings that they had “clear” title, but because something could go wrong, they might want insurance. Jean Dowling testified that Sa-lewski said they had “clear or good” title and that it was up to them if they wanted insurance. Tim Dowling testified that when he saw the ten-acre deed at the closing, he asked Salewski why it did not refer to thirty-nine acres. He testified that Salewski said there were other deeds that would be sent in the mail to him. Both Dowlings testified that they would not have gone forward with the closing if they thought they were buying only ten acres.

[¶ 5] Two days after the closing Salewski sent a letter to the Dowlings saying that it had been a pleasure to serve them. Several months later Salewski sent a deed to the Dowlings. Tim Dowling looked at it quickly and assumed that it was a correct deed conveying thirty-nine acres.

[¶ 6] The Dowlings did not discover that they owned only ten acres until late 2003 when they had the property surveyed in anticipation of subdividing it. When the Dowlings learned that they owned only ten acres, they contacted Salewski. By then, the seller had conveyed two parcels of adjoining land totaling about twenty-nine acres to two other buyers. Salewski assisted the Dowlings in purchasing one of these parcels, but they were unsuccessful in their attempt to purchase the other parcel.

[¶ 7] The Dowlings filed a complaint for legal malpractice against Salewski on December 17, 2004, more than six years after the March 30, 1998, closing. The complaint set forth several claims against Sa-lewski. Salewski brought a motion for summary judgment, and the court granted judgment in his favor on all claims except negligence and breach of fiduciary duty. The court concluded that “[bjecause there is a genuine issue of material fact whether Salewski performed legal services for the Dowlings, and if so, whether those legal services included a title search, this court cannot determine which statute of limitations should be applied in this case.”

[¶ 8] The matter proceeded to a jury trial. At the close of the Dowlings’ case in chief, Salewski moved for judgment as a matter of law on the breach of fiduciary duty claim, which the court granted. He also moved for judgment as a matter of law on the negligence claim on the ground that the action had not been brought within the statute of limitations, and that there is no such thing as an oral title opinion. The court denied the motion as to the negligence claim, and Salewski presented his evidence. At the close of the evidence, Salewski renewed his motion for judgment as a matter of law, and it was denied.

[¶ 9] The jury answered the special verdict form finding that Salewski professionally represented the Dowlings at the real estate closing; that he committed profes *196 sional negligence by giving an erroneous title opinion to the Dowlings; that the Dowlings could not have reasonably discovered the professional negligence before December 1998; that the erroneous title opinion was a proximate cause of .the Dowlings’ alleged damages; that the Dowl-ings’ total damages were $75,000; and that it was just and equitable to reduce the damages by $30,000 because of the Dowl-ings’ negligence. The jury returned a verdict for the Dowlings for $45,000.

II. DISCUSSION

[¶ 10] This appeal requires us to interpret the statute of limitations, 14 M.R.S. § 753-B(2). We review the interpretation and application of a statute de novo. White v. McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A., 2002 ME 160, ¶ 6, 809 A.2d 622, 623. “The primary goal of statutory interpretation is to give effect to the intention of the Legislature.” Yeadon Fabric Domes, Inc. v. Me. Sports Complex, LLC, 2006 ME 85, ¶ 13, 901 A.2d 200, 205.

[¶ 11] Statutes of limitation are strictly construed. See White, 2002 ME 160, ¶ 8, 809 A.2d at 624. Their purpose is “to provide eventual repose for potential defendants and to avoid the necessity of defending stale claims.” Langevin v. City of Biddeford, 481 A.2d 495, 498 (Me.1984).

[¶ 12] The statute of limitations for civil actions is six years, 14 M.R.S. § 752 (2006), unless another statute provides otherwise. For legal malpractice actions, “the statute of limitations starts to run from the date of the act or omission giving rise to the injury, not from the discovery of the malpractice, negligence or breach of contract.” 14 M.R.S. § 753-B(l). However, in actions “alleging professional negligence in the rendering of a real estate title opinion,” the statute “starts to run on the date the negligence is discovered.” 14 M.R.S. § 753-B(2).

[¶ 13] The Dowlings claim that Salewski was negligent at the real estate closing in leading them to believe that thirty-nine acres was being conveyed to them, or in not telliiig them that only ten acres was being conveyed.

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Bluebook (online)
2007 ME 78, 926 A.2d 193, 2007 Me. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowling-v-salewski-me-2007.