Felicia Farris, M.d., Appellant v. Cynthia L. Conger, C.p.a., D/b/a Conger Wealth Management and Cynthia L. Conger…

Summary

The court held that Farris’s amended complaint stated a contract claim because it alleged a specific contractual promise to process account transactions in a timely manner, rather than merely a general duty of diligence. Accordingly, the five-year statute of limitations for contract claims applied, and whether the agreement imposed an actionable obligation and whether Conger breached it were questions for the fact-finder. The court reversed and remanded, vacating the court of appeals’ opinion. Chief Justice Kemp, dissenting, would have characterized the claim as negligence and affirmed summary judgment as time-barred.