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Stuckey v. McCalla

Parties' agreement tolling the statute of limitation for claims that would have expired between Dec. 29, 1988, and Jan. 15, 1990, did not toll the limitation period for plaintiff's breach of fiduciary duty claim which expired in 1995.

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In this second appearance of this case before this Court, Charles Wesley Stuckey appeals the dismissal of his breach of fiduciary duty claim, brought over 11 years after the cause of action arose, against Ticor Title Insurance Company of California and the law firm of McCalla, Raymer, Padrick, Cobb & Nichols. In summary, Stuckey contends that: 1 the trial court improperly found that his claim was barred by a four-year statute of limitation; 2 a ten-year statute of limitation should have been applied to his claim; and 3 certain tolling agreements entered into between the parties should be construed to extend the ten-year statute of limitation such that Stuckey’s claim was timely made. Even if we assume, however, that a ten-year statute of limitation is applicable in this case, the tolling agreements entered into by the parties, if enforceable, do not apply to Stuckey’s breach of fiduciary duty claim and do not extend the statute of limitation. Therefore, as discussed more fully below, we affirm the dismissal of Stuckey’s claim.

1. The facts underlying this case were set out in McCalla v. Stuckey, 233 Ga. App. 397 504 SE2d 269 1998. There we explained:

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