Podrebarac v. Horace, Talley, Pharr, & Lowndes, P.A., 231 N.C. App. 70

Donald Podrebarac and his wife separated in Dec 2007; parties mediated equitable distribution and executed "Mediation Stipulations" on April 29, 2009, which were filed with the court on May 1, 2009.
The stipulations were signed by parties and counsel but were not notarized; counsel for Mrs. Podrebarac drafted a formal settlement agreement that she later refused to sign.
Parties began complying with the stipulations’ property division terms through at least April 2012.
In early 2012 both original counsel withdrew; Mrs. Podrebarac’s new counsel argued the stipulations were unenforceable for lack of notarization and moved to dismiss enforcement efforts.
On April 29, 2012 the district court granted the motion to dismiss plaintiff’s motion to enforce, finding the stipulations lacked required notarization.
Plaintiff filed a legal malpractice complaint against his former attorneys on June 14, 2012; defendants moved to dismiss under Rule 12(b)(6) on statute-of-limitations grounds. The trial court dismissed; plaintiff appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff's malpractice claim is time-barred under the 3-year statute of limitations	Podrebarac contends his injury was not reasonably discoverable until the district court’s April 13–29, 2012 filings/orders showing the stipulations were unenforceable, triggering the discovery rule and tolling the limitations period	Defendants contend the malpractice cause accrued at the signing/filing of the stipulations in 2009 and plaintiff’s suit filed in 2012 is untimely	Court held the discovery rule could apply; liberally construing the complaint, plaintiff reasonably could not have discovered the injury until April 2012, so the June 14, 2012 suit was timely and dismissal on statute grounds was improper

Burgin v. Owen, 181 N.C. App. 511 (standard of review for Rule 12(b)(6) dismissal)
Bolton v. Crone, 162 N.C. App. 171 (three-year malpractice statute and discovery rule framework)
Chase Dev. Grp. v. Fisher, Clinard & Cornwell, 211 N.C. App. 295 (continuing representation does not extend limitations period)
Isley v. Brown, 253 N.C. 791 (expectation that a signer reads and understands documents)
Thorpe v. DeMent, 69 N.C. App. 355 (lay client’s awareness of attorney error and effect on discovery)
McIntosh v. McIntosh, 74 N.C. App. 554 (procedure for making equitable distribution stipulations enforceable in open court)