 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Kinross12/16/1992
HILDEBRANDT, Judge.
Appellant, Philip E. Pitzer, appeals from the judgment of the Probate Division of the Hamilton County Court of Common Pleas finding him in contempt of the court's order of October 15, 1991. The court imposed a fine in the amount of $500 per day. For the reasons that follow, we affirm the probate court's judgment finding Pitzer in contempt, but reverse the amount of the fine imposed on him.
The record discloses that Sandra Kinross died intestate and that her husband, Ronald C. Kinross, Sr., ("Kinross") was appointed administrator of her estate by the probate court. Thereafter, Kinross engaged Pitzer, Gary R. Lewis, JeffresR. Lewis ("the Lewises") and William M. Gustavson, Ohio attorneys, to prosecute a wrongful-death action on behalf of the estate, as well as on behalf of Kinross individually and in his capacity as guardian of his minor children. Pitzer was not the probate attorney for the estate. At some time subsequent to the agreement between Pitzer, the Lewises and Kinross, Pitzer entered into an oral agreement with the Lewises that concerned the Lewises' interest in any attorney fees generated by the wrongful-death action.
The Lewises filed of record a notice to Kinross of their claim for attorney fees in connection with the wrongful-death action on February 6, 1991. On February 27, 1991, Kinross applied to the trial court for approval of an offer of settlement of the wrongful-death claim. Kinross further sought authority to allow Pitzer a reasonable attorney fee in the, amount of $680,000 and expenses in the amount of $60,000. An entry approving the settlement, including Pitzer's fee and expenses, was journalized. The question of the distribution of the remaining settlement funds was set for hearing on March 14, 1991. The Lewises had no notice of the proceedings of February 27, 1991, regarding the approval and disbursement of the attorney fees and expenses, which, by law, they were required to receive by virtue of having filed a claim.
On March 14, 1991, the trial court entered an order distributing the remaining settlement funds to the beneficiaries. Also, on March 14, the Lewises filed a motion to set aside the trial court's entry of February 27, 1991, approving the distribution of the attorney fees and expenses to Pitzer. By entry of April 3, 1991, the court imposed a constructive trust on the $740,000 which had been distributed to Pitzer. In the entry, the court erroneously referred to its entries of February 27, 1991, and March 14, 1991, as "referee's reports."
On October 15, 1991, an entry was placed of record in which Pitzer was ordered to account for the funds distributed to him by October 21,1991, and to return such funds to Hamilton County from the Florida institutions in which they were held. Jeffrey R. Lewis filed a pleading on October 30, 1991, in which he alleged that Pitzer was in contempt of the court's October 15 order. That pleading generated a hearing before the trial court during which Pitzer challenged the court's in rem and in personam jurisdiction. During that hearing, Pitzer acknowledged that he did not intend to comply with the court's October 15 order on jurisdictional grounds. Thereafter, the court placed of record the contempt order from which Pitzer brings this timely appeal.
Before we begin our analysis, we note that Pitzer is the only participant in the proceedings below who has filed a brief with this court. The Hamilton County Board of Commissioners has filed an amicus curiae brief urging affirmance.
In his first assignment of error Pitzer argues that the trial court did not have subject-matter jurisdiction over the fee dispute between the a
Page 1 2 3 4 5 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|