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In re Estate of Campbell11/29/2005
igher's fees. He also determined that some of Goldberg-Persky's litigation expenses were allowed since they were evidenced by cancelled checks and/or vouchers, while other litigation expenses were not allowed since there were either no cancelled checks or vouchers or were not authorized by the court.
{ } The probate court adopted the magistrate's decision. It then entered judgment approving the settlement and distribution of the wrongful death claim. The court ordered payment of $5,367.20 to Kelligher. It then ordered payment of $12,611.97 to Goldberg-Persky, "less interest ordered in the amount of $5,103.96."
{ } Both appellants filed timely notices of appeal from the court's judgment entry. We consolidated the two appeals but will address each appellant's assignments of error separately.
{ } No appellee's brief was filed in these appeals. Thus, we may accept appellants' statement of the facts and issues as correct and reverse the judgment if appellants' briefs reasonably appear to sustain such action. App.R. 18(C).
{ } Attorney Kelligher raises two assignments of error that share a common basis in law and fact. Thus, we will address them together. They state, respectively:
{ } "THE MAHONING COUNTY PROBATE COURT ERRED BY ORDERING COMPENSATION OF ONLY $5,367.20 TO THE APPELLANT, THE ATTORNEY-OF-RECORD AND SUCCESSOR ADMINISTRATOR OF THE ESTATE OF CLINTON CAMPBELL, BECAUSE SUCH DECISION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AS TO REASONABLE SERVICES RENDERED TO THE ESTATE BY THE APPELLANT."
{ } "THE MAHONING COUNTY PROBATE COURT ERRED BY ABUSING ITS DISCRETION IN ORDERING COMPENSATION TO THE APPELLANT, THE ATTORNEY-OF-RECORD AND SUCCESSOR ADMINISTRATOR OF THE ESTATE OF CLINTON CAMPBELL, IN THE AMOUNT OF ONLY $5,367.20 FOR SUBSTANTIAL, REASONABLE SERVICES RENDERED TO THE ESTATE OVER A PERIOD OF SIX YEARS."
{ } Kelligher argues that the probate court abused its discretion and issued a judgment that was against the manifest weight of the evidence. He contends that the probate court refused to grant him reasonable compensation . He claims that he met his burden of proving his services and their reasonable value. Since the estate had no assets, Kelligher argues that he had to look to the wrongful death settlement for his fees. He notes that, in accordance with local rules, he filed three motions over a two-year period where he provided the court with a chronologically-itemized statement of his services rendered, the time he spent on those services, and the compensation he requested. Kelligher further points out that at the hearing, he presented an expert witness who testified as to the reasonableness of his time spent and requested fees. He notes that no evidence contradicted his expert's opinion.
{ } Kelligher also points to an inconsistency in the court's judgment entries. In the court's September 24, 2002 entry, it approved appellant's compensation for $3,600, being 40 hours of services at $90 an hour. However, in the November 22, 2004 judgment, the court adopted the magistrate's decision, which stated that its ordinary hourly fee rate "has, and continues to be" $80 per hour for out-of-court work and $100 per hour for in-court work. Thus, Kelligher argues that the court cannot state that it has an established hourly rate at $80 per hour when it previously granted him fees for $90 per hour.
{ } Next, Kelligher argues that the court failed to provide any reasons as to how it arrived at its conclusion that he spent only 64.34 hours of reasonable service on behalf of the estate. However, Kelligher does admit that the time he spent on the first appeal of this case should be subtracted from his tota
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