Calvert v. Swinford

Plaintiffs-appellants, sisters, Lisa Calvert and Teresa Roper were attorneys in fact for their father, Allen Downy, under a durable power of attorney. He owned Oklahoma real property which included mineral interests. In 2000, acting as attorneys in fact for their father under a durable power of attorney, the sisters entered into an agreement to sell the property (surface only) with Wayland and Dawn Swinford (grantees). The sisters retained Kansas attorney, Randee Koger and his law firm, Wise & Reber (then named Bremyer & Wise) to represent them as their legal counsel and to prepare legal documents in connection with the real property transaction. The sisters also retained Powers Abstract Co., Inc., an Oklahoma abstract company, to perform abstracting and closing functions for the sale of the property. Plaintiffs sold the Oklahoma property, allegedly intending to keep their mineral interests in the property. Twelve years after the deeds were filed, the sisters realized that mineral interests were not reserved and they filed a lawsuit for professional negligence against the abstract office. The abstract office moved for summary judgment arguing that the lawsuit was untimely, which the trial court granted. The issue presented for the Supreme Court's review centered on the dispositive issue of whether the statute of limitations for an action brought by a grantor begins to accrue when a deed is filed with the county clerk. The Court held that it did: any action for negligence regarding the mistaken deeds began to accrue when the deeds were filed. As such, the trial court was affirmed. View "Calvert v. Swinford" on Justia Law