 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lewis v. Smith6/21/2005
In support of his attorney's lien, Lewis also presented copies of checks that documented the court costs and expenses he paid on behalf of Smith for the lawsuit. Smith failed to present any evidence to contradict the necessity or reasonableness of those expenses, and as such, the amount of Lewis' claim for expenses is undisputed.
There being no genuine issue of fact presented as to this claim, Lewis was entitled to recover his expenses in the amount of $883.44 as a matter of law.
Accordingly, we hereby affirm the trial court's decision granting Smith's motion for summary judgment as to attorney fees under the contingency fee agreement, but reverse its decision granting Smith's motion for summary judgment as to attorney fees under quantum meruit recovery. We further reverse the trial court's decision granting Smith's motion for summary judgment and denying Lewis' motion to establish and enforce his attorney's lien as to Lewis' expenses claim. We remand this case with direction that the trial court conduct a trial as to Lewis' entitlement to recover attorney fees under the principle of quantum meruit, and further that the trial court enter summary judgment in favor of Lewis in the amount of $883.44 for his expenses claim.
Judgment affirmed in part, reversed in part and case remanded with direction. Blackburn, P. J., and Miller, J., concur.
Page 1 2 3 4 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|