Northwest Arkansas Recovery, Inc. v. Davis

200 S.W.3d 481, 89 Ark. App. 62, 2004 Ark. App. LEXIS 957
CourtCourt of Appeals of Arkansas
DecidedDecember 15, 2004
DocketCA 04-202
StatusPublished
Cited by10 cases

This text of 200 S.W.3d 481 (Northwest Arkansas Recovery, Inc. v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northwest Arkansas Recovery, Inc. v. Davis, 200 S.W.3d 481, 89 Ark. App. 62, 2004 Ark. App. LEXIS 957 (Ark. Ct. App. 2004).

Opinion

John Mauzy Pittman, Judge.

This appeal and cross-appeal involve the collection of attorney’s fees and whether the attorney’s Hen statute, Ark. Code Ann. § 16-22-304 (Supp. 2003), extends to lands owned by the client and benefitted by the attorney’s efforts. The trial court entered judgment for the attorney for the fees but declined to extend an attorney’s Hen to the client’s property. We find no error and affirm.

Appellees Boyce Davis and Davis and Zega, P.C. (collectively Davis), began representing appellant Northwest Arkansas Recovery, Inc. (NWAR), in 1996 to obtain a permit for NWAR to compost municipal solid waste and to obtain access over NWAR’s real property to the site for the permit. After termination of the representation, Davis filed the present suit to collect his fees. The complaint alleged that NWAR owed Davis $46,933.90 for representing NWAR and also sought attorney’s fees. Davis attached an affidavit to the complaint, stating that he had spent over 500 hours in the representation, that his agreed hourly rate was $150 per hour, and that the present balance was $46,933.90. Davis amended the complaint to seek an attorney’s lien over NWAR’s real property. 1

A bench trial was held before the circuit court at which Phillip Fredericks, president of NWAR, testified that he hired Davis to represent a related company, Earthcare Care (Earthcare), in obtaining a solid-waste permit from the state while NWAR hired Davis to obtain access to its real property. 2 Fredericks testified that Earthcare and NWAR were separate entities. He stated that Davis’s billing was not clear because it appeared that the bills could include charges for both NWAR and for Earthcare. He also complained that Davis did not provide supporting documentation or explanations for the bills, giving as an example a bill dated November 30, 1998, with a zero beginning balance. Fredericks stated that NWAR paid Davis approximately $7,000. He also admitted that NWAR made a $4,000 payment in May 1998 and a $710 payment in 1999, as well as a payment of $710 on Earthcare’s bill. Fredericks testified that he received a bill for NWAR dated January 13, 1998, in the amount of $26,781.45. He stated that he did not protest that particular bill or other statements received by NWAR. He also admitted that NWAR owed Davis some money and that he understood that Davis charged by the hour. He later denied that he admitted that NWAR owed Davis any money. He also disputed certain items in the bill such as Davis’s travel time, stating that he never agreed to pay travel time or a finance charge. Fredericks stated that the permit was obtained March 5, 1998, and that Davis provided no services for Earthcare after that date. He stated that he felt NWAR did not owe Davis any more money.

Barbara Lane, the office manager and a paralegal for Davis, testified that she generated the monthly statements from attorney time slips. She stated that she viewed NWAR and Earthcare as one entity for billing purposes. She admitted on cross-examination that a statement with a beginning balance of $23,818.95 had no documentation to support the prior balance. She also admitted that the $25,031.45 balance on a January 1998 statement could be a mistake and that NWAR stated that there could be an inaccuracy in that bill. She stated that it was not possible that a $23,000 mistake was made. Lane also stated that NWAR complained about errors in the bills on two occasions but that no one from NWAR complained about a $23,000 error as being duplicative. She also stated that, even though she billed every month, some statements contained charges from two or three months prior to the date of the statement that she could not explain.

Boyce Davis testified that his representation of NWAR lasted from 1996 until it was terminated in early 2001, after an appeal to this court. He admitted that he did not review his prior bills. Davis stated that he tried to record his time as best as he could and that any inaccuracies probably benefitted NWAR. He stated that he billed for research, preparation, interviews, site visits, travel, and conferences with other attorneys. He recalled a discussion with Fredericks concerning his billing and testified that his rate was $150 per hour but also admitted that some of the statements reflected billings at $125 per hour. Davis stated that, on occasion, he billed $25 an hour for travel time. He stated that there was no specific agreement that NWAR would pay for travel time and that NWAR never asked him not to bill for the travel time or requested him to separate the bill by case. Davis stated that he had a discussion with Fredericks regarding the bill prior to the September 1999 jury trial in which he stated that he needed to get paid and Fredericks said that he knew it and would take care of it. Davis stated that Fredericks did not complain about the bill.

Davis stated that he was successful in his representation because he obtained the permit and had the county condemn a public road to provide access to NWAR’s property. He did not recall any efforts to obtain the permit after the issuance date, March 4, 1998. He testified that he was also hired to appeal a chancery court decision in 1995 and filed a motion for rule on the clerk. He stated that the appeal would not accomplish the client’s goals of obtaining the easement but was pursued to allow limited access while he filed a private condemnation case in county court. He stated that he did not recall whether he billed for the appeal but admitted that some of the time slips were marked “appeal.” He doubted that it would be possible for the appeal work to be included in the bill dated January 13, 1998.

Davis admitted that, in 1995, he filed a private condemnation action, which he later nonsuited in 1997. He stated that he had no time slips or memory of work on this case after the nonsuit in 1997. He then stated that he filed suit seeking to have Washington County condemn property for a public road. He stated that the public road suit was different from the private condemnation suit and that he was ultimately successful in getting the county to open the public road. He stated that, after the road was opened, the issue of damages to the landowner was left unresolved. He admitted that the amount sought in the complaint included time for work done in the 1995 private condemnation case.

Jo Dodson Lindsey, the secretary of NWAR’s board, testified that she prepared the 2001 corporate minutes introduced into evidence. She stated that the minutes reflected a discussion of Davis’s bill for $43,000 and that Fredericks thought the bill was wrong and said that they needed to “try to work it out” with Davis, which she understood to mean that they were going to discuss the bill and determine whether some charges were more appropriately billed to Earthcare than NWAR. She stated that this was the only board meeting during which Davis’s bill was discussed. She admitted that there were no corporate records actually disputing the amount of the bill or communicating the dispute to Davis.

Lindsey admitted that NWAR paid Davis $12,426.17. She stated that Davis’s representation was terminated after the permit was obtained and the road was condemned in March 1998. She also stated that, after NWAR was sued by the landowners in the condemnation case, she and Fredericks spoke with Davis about whether Washington County should be the proper defendant instead of NWAR.

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200 S.W.3d 481, 89 Ark. App. 62, 2004 Ark. App. LEXIS 957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northwest-arkansas-recovery-inc-v-davis-arkctapp-2004.