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 complaint sounded in breach of contract rather than negligence because it alleged a specific contractual promise to process account transactions in a timely manner, its breach, and resulting damages. Accordingly, the five-year limitations period for contract claims applied, making the action timely, and the court reversed and remanded. Chief Justice Kemp, dissenting, would have characterized the claim as negligence and affirmed the time-barred summary judgment.