Empro Corp. v. Scottland Hotels, Inc.

449 N.W.2d 734, 1989 Minn. App. LEXIS 1371, 1990 WL 54
CourtCourt of Appeals of Minnesota
DecidedJanuary 2, 1990
DocketC1-89-908
StatusPublished
Cited by6 cases

This text of 449 N.W.2d 734 (Empro Corp. v. Scottland Hotels, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Empro Corp. v. Scottland Hotels, Inc., 449 N.W.2d 734, 1989 Minn. App. LEXIS 1371, 1990 WL 54 (Mich. Ct. App. 1990).

Opinion

OPINION

FOLEY, Judge.

This is an appeal from a judgment enforcing an attorneys’ lien on a quantum meruit basis in a mechanics’ lien action where a crossclaiming defendant settled with a new owner of sole proprietorship that the law firm had represented and where the law firm was simultaneously discharged. The law firm challenges the amount of the lien awarded, the trial court’s failure to enforce the attorneys’ lien against real property affected by the client’s mechanics’ lien and the owner of the property, and the trial court’s failure to order satisfaction of attorneys’ lien out of funds escrowed for mechanics’ lien claimants. We affirm.

FACTS

In 1982, appellant Ralph Hall and Associate, Inc. contracted with respondent Taping, Inc. to install exterior plaster at the Canterbury Inn Hotel in Shakopee, Minnesota. Taping was a subcontractor of the general contractor to the owner of Canterbury Inn. In December 1986, another subcontractor on the project started a mechanics’ lien foreclosure against Hall, Inc., Taping and many others.

The law firm of Peterson, Wieners & Lawhead, P.A. was retained by Hall and Associates in December 1986 to foreclose mechanics’ liens against Taping. PW & L claims it had an express oral agreement with Ralph Hall for a one-third contingency fee and costs. PW & L asserts it was not informed that on January 21, 1988, a dissolution trial court ordered that Ralph’s wife Sarah have full and exclusive control of Hall and Associates. PW & L had been retained by Ralph, not Sarah, to represent Hall and Associates.

PW & L moved for summary judgment on April 7, 1988. On the day of hearing, PW & L learned that on the preceding day Sarah had settled Hall and Associates’ claim with Taping and had signed a document discharging PW & L. The trial court later found Taping’s attorneys prepared the settlement documents and knew PW & L represented Ralph when he was owner of Hall and Associates.

A stipulation of dismissal with prejudice between Hall and Associates and Taping was filed and judgment entered on April 19, 1988. On April 27, 1988, PW & L filed an attorneys’ lien in the mechanics’ lien action against the real and personal property of Hall and Associates and with the registrar of titles on the real property, which was the subject of the mechanics’ lien action. PW & L did not make a filing with the secretary of state.

In order to pay Sarah in April 1988, Taping borrowed from The Bank North, giving the bank a security interest in Taping’s accounts receivable. Bank North *736 filed its security agreement with the secretary of state on August 8, 1988.

In June 1988, the trial court denied PW & L’s motion to vacate the Taping-Hall and Associates settlement and PW & L’s petition to enforce its attorneys’ lien, ordered PW & L to serve Sarah with the petition and ordered a hearing on the attorneys’ lien claim after trial of the mechanics’ lien action. PW & L appealed to this court on the denial of its attorneys’ lien petition.

The mechanics’ lien action was tried July 13, 1988. All claims were settled on the record. The general contractor and the owner agreed to pay Taping $63,700, and on July 28, 1988, hearing was had on Taping’s motion to determine the priorities of payment of the $63,700. Although PW & L’s appeal was still pending with this court, PW & L appeared at the hearing, claiming it should either have its. attorneys’ lien enforced out of the $63,700 or the Taping-Hall and Associates settlement should be vacated.

On September 6, 1988, the trial court denied PW & L’s motions because of the pending appeal. The trial court ruled on the escrowed funds, however, saying the attorneys’ lien against the Taping-Hall and Associates settlement was collateral to the rest of the case and any lien entitlement would only be against the settlement proceeds received by Sarah. Concluding PW & L’s claim would not affect the rest of the case, the trial court ordered disposition of money held in escrow for the other mechanics’ lien claimants.

Judgment was entéred on October 6, 1988 on an order of the trial court giving Bank North the escrowed money paid by the general contractor and the owner to Taping because of the security interest the bank had in Taping’s accounts receivable. PW & L did not appeal the October 1988 judgment. On August 16, 1988, this court dismissed the appeal of the trial court’s June, 1988 denial of PW & L’s attorneys’ lien claim.

Hearing was had and evidence taken on PW & L’s attorneys’ lien claim on December 19, 1988. The trial court was informed Ralph had recently died. PW & L attempted to serve Sarah through her dissolution attorney and made publication service. Sarah did not appear at the hearing.

At the hearing, PW & L claimed it was owed approximately $27,000 under the one-third contingency fee agreement and asserted its attorneys’ lien for that amount against Hall and Associates, Taping, the owner of the property and the money paid to Bank North. PW & L made no claim against Taping’s bonding company at the time of hearing.

In a judgment entered on March 3, 1989, the trial court held PW & L’s attorneys’ lien was good only against the parties to the Taping-Hall and Associates settlement and rejected PW & L’s claim to the money that went to Bank North, holding any interest Hall and Associates may have had was extinguished by the Taping-Hall and Associates settlement. The trial court found the reasonable value of PW & L’s services was approximately $5,900 in fees and $600 in costs. PW & L appeals from the March 3, 1989 judgment.

ISSUES

1. Did the trial err in fixing the value of PW & L’s attorneys’ lien?

2. Should PW & L’s attorneys’ lien have been enforced against the real property which was the subject of the mechanics’ lien action and its owner?

3. Should PW & L’s attorneys’ lien have been satisfied out of the money received by Taping in settlement of its claims against the general contractor and the owner?

ANALYSIS

1. The trial court held that PW & L was entitled to enforce its attorneys’ lien against Taping as well as Hall and Associates. The court found Taping knew Hall and Associates was represented by PW & L and chose to settle with Sarah and should thus “bear the consequences of its lack of caution.” No challenge is made to that holding. Taping has neither appealed nor sought review of the trial court’s finding and is thus bound by that result.

*737 PW & L argues the trial court erred in fixing the value of PW & L’s attorneys’ lien. The trial court expressly declined to address the validity of the contingency fee agreement, believing its analysis was governed by the rules of mechanics’ lien actions. Reasoning that when it comes to awarding attorney fees against third parties in a mechanics’ lien action the award must be “reasonable,” the trial court found PW & L was only entitled to a quantum meruit award.

We agree with the amount of the lien the trial court awarded, but for a different reason.

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Cite This Page — Counsel Stack

Bluebook (online)
449 N.W.2d 734, 1989 Minn. App. LEXIS 1371, 1990 WL 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empro-corp-v-scottland-hotels-inc-minnctapp-1990.