Petey’s Two Real Estate, LLC v. Goedert

Plaintiffs filed a complaint alleging legal malpractice arising out of a condemnation action. The circuit court dismissed the plaintiff’s third amended complaint with prejudice finding that the complaint failed to state a claim upon which relief could be granted and plaintiff appealed. The appellate court affirmed, finding that plaintiff’s condemnation action was fatally flawed by a the report of their appraisal expert, which violated the “unit rule” by adding the value of the land to the value of the improvements, and that there was nothing that the plaintiff’s attorneys could have done to correct the fatal defect in their appraiser’s opinion of value. (ODEN JOHNSON and C.A. WALKER, concurring)