Reid v. Reid

950 S.W.2d 289, 1997 Mo. App. LEXIS 1444, 1997 WL 454385
CourtMissouri Court of Appeals
DecidedAugust 12, 1997
DocketNo. 70949
StatusPublished
Cited by4 cases

This text of 950 S.W.2d 289 (Reid v. Reid) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reid v. Reid, 950 S.W.2d 289, 1997 Mo. App. LEXIS 1444, 1997 WL 454385 (Mo. Ct. App. 1997).

Opinions

OPINION

HOFF, Judge.

Vernon S. Reid, Jr. (Reid) appeals from an amended judgment awarding $65,000 in attorneys’ fees to Dubail Judge, P.C. (Dubail Judge). In the trial court proceeding several other individuals were named as defendants. None of the plaintiffs and no defendants other than Vernon S. Reid, Jr. are parties to this appeal. This action has twice before been the subject of appeal. Reid v. Reid, 879 S.W.2d 796 (Mo.App. E.D.1994); Reid v. Reid, 906 S.W.2d 740 (Mo.App. E.D.1995). We reverse and remand to the trial court to enter judgment in favor of Reid on Dubail Judge’s request for attorneys’ fees.

In August 1990, at Reid’s request, an attorney with Dubail Judge, Robert Kilker, drafted a will for Reid’s terminally ill aunt, Churchill R. Carter. Reid, 906 S.W.2d at 741. Carter, who had raised Reid from the age of 2 years old to 21 years old, expressed her desire to leave her entire estate to Reid. Id. Carter died on August 12, 1990, eight days after Kilker first visited her and six days after the execution of the will in Kilker’s presence. Id.

Reid retained Dubail Judge’s services to represent him in his capacity as personal representative of Carter’s estate. Id. “From August to October 1990, Dubail Judge performed legal services for Carter’s estate.” Id. Those services are not the subject of this appeal.

On November 12, 1990, Michael Gunn, an attorney who represented some of Carter’s 1 siblings, telephoned Kilker to advise him that a will contest would be filed on the siblings’ behalf. Id. The next day Reid, Kilker, and William Sitzer, another attorney at Dubail Judge, met to discuss the potential will contest. Id. The following day, Carter’s will was admitted to probate. Id. On November 16, 1990, a petition contesting the will was filed by six individuals (will contestants) against Reid and others. Id. at 741-42.

On November 29, 1990, Reid and Sitzer discussed a fee for Dubail Judge’s defense of the will on Reid’s behalf. Id. at 742. Although Reid agreed to a contingency fee arrangement, he did not sign an agreement at that time. Id. Reid did not authorize any settlement negotiations and opposed any settlement or compromise of his inheritance. Id.

“On December 11, 1990, Kilker and Sitzer met with Gunn. The trial court found Gunn proposed a 50-50 settlement between Reid ... and the will contestants. The next day Gunn returned to Dubail Judge with a written settlement proposal.” Id. That proposal did not account for non-settling heirs. Id. Kilker spent six hours reworking the numbers on December 12, 1990. Id. Pursuant to those calculations, Reid would receive by settlement “43.42% of Carter’s net estate, one-half of the estate less an attorneys’ fee.” Id. “On December 14, 1990, Reid ... and Dubail Judge entered into a 33 1/3 contingency fee agreement for defending the will.” Id.

On December 20,1990, Kilker told Reid he could not support the will because, he said, “as a witness to the will contest facts, ... he would not be a good witness to support validity. Sitzer recommended settlement.” Id.

Ten days later, Reid discharged Dubail Judge and retained the services of another law firm. Id. “On January 31, 1991, [Reid] signed a settlement agreement under which he will receive 45.59% of Carter’s estate.” Id.

In August 1991, Dubail Judge successfully moved to intervene in the will contest to preserve its statutory attorneys’ lien. Id. In November 1991, Dubail Judge filed an “amended motion for judgment for attorneys’ fees and advancements and for attorneys’ lien” on Reid’s share of Carter’s estate. Id. In May 1993, the trial court entered a judgment in favor of Dubail Judge and placed a lien of 33 and 1/3 “on any amounts subsequently determined as due Reid ... under the settlement agreement.” Id. In November 1994, the trial court entered a judgment approving the will contest settlement. Id.

This court dismissed the first appeal in this case for lack of subject matter jurisdiction. Reid v. Reid, 879 S.W.2d 796 (Mo.App. E.D.1994). In resolving Reid’s second ap[291]*291peal, we held that the attorneys’ lien available under section 484.130 RSMo 1986 “does not apply to legal services rendered solely to defend a will.” Reid, 906 S.W.2d at 742. We remanded the matter “to the trial court to determine the reasonable value in quantum meruit of Dubail Judge’s legal services, if. any Id. at 743 (emphasis added).

With respect to Dubail Judge’s claim for attorneys’ fees based upon quantum meruit, this Court specifically found that Dubail Judge “has the burden of proving the reasonable value of services performed.” Id. Moreover, we pointed out, “[failure to prove reasonable value is fatal to a quantum me-ruit claim.” Id. To determine the reasonable value in Missouri, we noted, the court must consider the “time, nature, character and amount of services rendered, nature and importance of the litigation, degree of responsibility imposed on or incurred by the attorney, the amount of money or property involved, the degree of professional ability, skill and experience called for and used, and the result achieved.” Id., citing Cervantes v. Ryan, 799 S.W.2d 111, 115 (Mo.App. E.D.1990).

We found the record insufficient to support a quantum meruit fee award constituting 33 and 1/3 of Reid’s share of the estate.1 Reid, 906 S.W.2d at 743. We expressly noted the trial court “did not find [Dubail Judge’s] services were valuable.” Id. This Court then concluded

a high degree of professional ability, skill and experience was not required or used in this case. The services were of no extraordinary benefit to Reid ... and his new attorneys [because Gunn] proposed the 50-50 settlement [and] Reid[’s] new attorneys merely adjusted the proposal for attorneys’ fees of all the parties. The mathematical calculation was simple and required no unusual legal skillsf and t]he settlement Reid ... accepted after obtaining new counsel did not require him or them to use the ... calculations

performed by Dubail Judge. Id.

On remand, Dubail Judge sought an award of $75,000 in attorneys’ fees. In awarding Dubail Judge $65,000 in attorneys’ fees, the trial court specifically found “the amount of the gross estate of Churchill Carter, deceased, was the sum of approximately $2,500,000.00[;] the gross amount paid to ... Reid was 50% or $635,479.80; [and] the efforts of Dubail Judge were of benefit to [Reid].” This appeal followed.

The setting of attorneys’ fees is within the sound discretion of the trial court. Roberts v. McNary, 636 S.W.2d 332, 338 (Mo. banc 1982), overruled in part on other grounds, Keller v. Marion County Ambulance Dist., 820 S.W.2d 301, 304-05 (Mo. banc 1991).

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Bluebook (online)
950 S.W.2d 289, 1997 Mo. App. LEXIS 1444, 1997 WL 454385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-reid-moctapp-1997.