G. Stefane Millhouse Ii v. Ronald G. Wiesenthal

This case presents the question of whether the determination of causation in an appellate legal malpractice case is a question of law or a question of fact. This is an issue of first impression in Texas. G. Stefane Millhouse II brought suit against his former attorney, Ronald G. Wiesenthal, for damages caused by Wiesenthals failure to timely file a statement of facts with the court of appeals in an earlier case in which Wiesenthal had represented Millhouse. The trial court granted Wiesenthals motion for summary judgment, concluding as a matter of law that Wiesenthals failure to file the statement of facts in the earlier case was not the cause of Millhouses loss of that case on appeal. The court of appeals affirmed the judgment of the trial court. 757 S.W.2d 103. We affirm.