 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Kohrman9/14/2000
JUDGMENT REVERSED AND REMANDED.
Defendant-appellant Gary Harris appeals from the trial court's order denying his motion for summary judgment and granting summary judgment instead in favor of plaintiff-appellee law firm of Kohrman, Jackson & Krantz on its complaint. Appellee filed its complaint seeking payment of legal fees stemming from appellee's representation of appellant during federal criminal proceedings against him.
In his six assignments of error, appellant challenges the trial court's order on several grounds. Appellant asserts appellee failed to present enough evidence to prove its claims, the trial court misapplied the provisions of Civ.R. 56, the trial court mis- allocated the burden of proof, and the trial court rendered its decision on a basis not argued in the briefs in support of the motions.
This court has examined the record in light of appellant's assertions and determines that, upon the evidence presented, summary judgment for appellee was inappropriate. The trial court's order, therefore, must be reversed and this case remanded for further proceedings.
The record reflects appellant retained appellee for the purposes of defending him against criminal charges filed in federal court. Appellant paid appellee a retainer of $50,000 on June 18, 1996.
Appellee thereafter billed appellant for its services approximately every three months until the retainer was exhausted in December 1997. Subsequently, appellee billed appellant for its services on a monthly basis; however, appellant failed to pay.
The record further reflects appellee had negotiated a plea agreement with regard to the criminal charges against appellant in November 1997. By its terms, appellant received a prison sentence of "48 months."
Appellee filed the instant action against appellant in August 1998 seeking payment of the legal fees stemming from the federal court proceedings. Appellee alleged five causes of action against appellant, viz., breach of contract, failure to pay on an account, unjust enrichment, quantum meruit, and fraud. Appellee alleged the balance due from appellant was in the amount of $109,964.44.
Proceeding pro se, appellant answered the complaint with admissions that he had "retained [appellee] to represent him on the criminal case" and that he had agreed "to pay for costs" but with denials of the remainder of appellee's pertinent allegations.
Appellant also asserted a counterclaim against appellee. Therein, he alleged he had provided services to appellee in 1986 with regard to a malpractice action involving "Gasoil, Inc." but that appellee had failed to pay "the agreed upon fee" of $250,000 to appellant. Appellant further asserted that upon the commencement of the criminal proceedings against him, appellee "ratified its prior indebtedness to [appellant] by agreeing to represent in the criminal case" with remuneration "up to the extent of the $250,000 indebtedness."
Subsequently, appellee filed a motion to dismiss appellant's counterclaim, arguing it was barred by the applicable statute of limitations. Appellant filed a pro se brief in opposition to the motion; nevertheless, the trial court granted appellee's motion. By that time, appellant had retained counsel to represent him in this case.
Approximately three months later, appellee filed a motion seeking summary judgment on its claims against appellant. In its brief in support of its motion, appellee argued since appellant had admitted the existence of a contract between the parties, and since appellee's billing records demonstrated it had performed its duties, it had provided evidence to support the f
Page 1 2 3 4 5 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|