Lovelace v. Lovelace

375 S.E.2d 750, 237 Va. 174, 5 Va. Law Rep. 1538, 1989 Va. LEXIS 20
CourtSupreme Court of Virginia
DecidedJanuary 13, 1989
DocketRecord No. 861066
StatusPublished
Cited by1 cases

This text of 375 S.E.2d 750 (Lovelace v. Lovelace) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lovelace v. Lovelace, 375 S.E.2d 750, 237 Va. 174, 5 Va. Law Rep. 1538, 1989 Va. LEXIS 20 (Va. 1989).

Opinion

THOMAS, J.,

delivered the opinion of the Court.

In this case of first impression in the Commonwealth, we are called upon to decide the narrow issue whether statutory beneficiaries in a wrongful death action have standing to object to the reasonableness of attorney’s fees awarded by the trial court. The trial court ruled that the beneficiaries lacked standing. We disagree.

On July 3, 1981, Robert Louis Lovelace died of injuries sustained the previous day in an automobile accident. His widow, Kimberley E. Lovelace, qualified as the administratrix of his estate. She retained counsel and filed suit against the manufacturer and supplier of the truck her husband was driving at the time he was injured.

The defendants offered to settle for $475,000. Kimberley, pursuant to Code § 8.01-55, petitioned the trial court, wherein the action had been brought, to approve the settlement. In her petition, Kimberley stated that the decedent’s only beneficiaries were herself and the decedent’s parents, William L. Lovelace and Nancy J. Lovelace. Kimberley requested that the trial court convene the parties in interest, approve the settlement, order payment of the settlement sum in accordance with the provisions of the Code of Virginia, and order the proper distribution of the money among the beneficiaries.

William and Nancy filed an answer to the petition. They agreed with the amount of the settlement but advised the trial court that they disagreed with attorney’s fees that would be sought by counsel. They wrote as follows on that point:

[176]*176Counsel for Kimberley E. Lovelace, Administratrix of the Estate of Robert Louis Lovelace, deceased have advised that they shall seek an attorney’s fee of forty-five percent (45 %) of the amount recovered, or Two Hundred Thirteen Thousand Seven Hundred Fifty Dollars ($213,750.00). Objection is hereby made to the reasonableness of the aforesaid fee and request is hereby made for discovery regarding the facts and circumstances underlying the request for such fees and for a plenary hearing regarding this request.

William and Nancy also stated that they could not agree with Kimberley concerning the distribution among them of the settlement proceeds.

The trial court denied the Lovelaces’ discovery request concerning attorney’s fees. With regard to the question of William and Nancy’s right to challenge the attorney’s fees, the trial court made the following remarks from the bench in a hearing on the matter of standing:

[ T]he law gives the personal representative the right to contract for services and to compromise this action, and having read this statute [Code § 8.01-55] over many times, looked at the few cases on point, I don’t see where any beneficiary has a right within the context of the wrongful death action itself to question the actions of the personal representative.
I can’t find the authority for this Court to and for standing upon the Lovelaces’, challenge these attorney’s fees, since the attorney’s fees have been recommended to the Court by Kimberley Lovelace, who is the administratrix of the estate, to whom the law has given the authority to press this action.

On July 25, 1986, the trial court entered an order awarding attorney’s fees in the amount of $142,500 to the law firm of Harlan, Knight, Dudley & Pincus and of $71,250 to Claude M. Scialdone, Esquire. Significantly, that order, when presented to the trial court contained this recitation: “FOR GOOD CAUSE SHOWN . . . and after a finding that such contract and agreement provided for a reasonable attorney fee.” (Emphasis added.) The emphasized language was marked through and stricken from the order. As a result, the order in which attorney’s fees were [177]*177awarded does not recite that the trial court found those fees reasonable.

William and Nancy argue that it is clear, as a matter of statute in the Commonwealth, that beneficiaries have standing to challenge the reasonableness of attorney’s fees in a wrongful death case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nutter v. Wallace
39 Va. Cir. 564 (Frederick County Circuit Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
375 S.E.2d 750, 237 Va. 174, 5 Va. Law Rep. 1538, 1989 Va. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovelace-v-lovelace-va-1989.