Rohter v. Passarella

617 N.E.2d 46, 246 Ill. App. 3d 860, 186 Ill. Dec. 807
CourtAppellate Court of Illinois
DecidedApril 20, 1993
Docket1-91-4052, 1-92-0107
StatusPublished
Cited by38 cases

This text of 617 N.E.2d 46 (Rohter v. Passarella) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rohter v. Passarella, 617 N.E.2d 46, 246 Ill. App. 3d 860, 186 Ill. Dec. 807 (Ill. Ct. App. 1993).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court;

Plaintiff William Rohter appeals from the trial court’s grant of a motion for a “directed” finding brought by defendants Gilbert and Patricia Passarella, Dorothy Passarella, 707 Devon Corp., and Park Ridge Travel Bureau, Inc. (the travel bureau). Defendants cross-appeal from the court’s earlier denial of their section 2 — 619 motion (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 619) which had sought a determination that portions of plaintiff’s claims were barred due to the expiration of the limitations period.

On December 7, 1990, plaintiff filed four separate but identical complaints alleging that defendants retained him to provide accounting services, including the preparation of State and Federal corporate and individual tax returns, and that from tax year 1980 through tax year 1986, he performed these services at the request of defendants but received no compensation. The complaints also alleged that he had tendered a bill for past nongratuitous services rendered to defendants which they had subsequently refused to pay.

Defendants each filed a timely appearance and moved to consolidate the four separate actions. Thereafter, they brought a section 2— 619 motion which asserted that all claims of plaintiff which accrued prior to December 6, 1985, were time barred under section 13 — 205 of the Code of Civil Procedure. (Ill. Rev. Stat. 1991, ch. 110, par. 13— 205.) As to the portion of plaintiff’s claims which accrued after that date, i.e., the services rendered for tax year 1986, defendants filed a section 2 — 615 motion (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 615) asserting that because plaintiff was not a certified public accountant, having never passed the exam, he could not charge individuals for whom he rendered public accounting. The circuit court denied both motions without explanation.

On July 22, 1991, defendants filed an answer to the complaint, generally denying liability to plaintiff and asserting, in the alternative, the same affirmative defenses which had been the subject matter of their previous motions. However, only the travel bureau was named in the caption of the answer, and in the text of that pleading only the travel bureau made answer to the complaint. In response to plaintiff’s motion for a default judgment, the four defendants who had not filed an answer sought leave to amend the travel bureau’s answer by adding their names to that of the travel bureau in the caption thereof; but they made no further or other request of the court in their motion for leave to amend. The trial court denied leave to amend and also denied plaintiff’s motion for a default judgment, stating that it fully appreciated the issues before it and that, therefore, the various motions relating to the pleadings were not needed.

The following evidence was adduced during a bench trial. Plaintiff, a former supervisor at the Internal Revenue Service’s Chicago office and, by the time of trial, the chief auditor for the Regional Transportation Authority, testified that in 1976, in his time away from work, he carried on the accounting practice of his brother. Defendants had been clients of his brother and did not register an objection when plaintiff replaced him as their accountant. From 1977 until 1980, he performed general accounting duties for them, including the preparation of their State and Federal tax returns; and upon completion of the forms, he presented them with an annual bill for his services rendered throughout the year.

In 1980, while continuing to perform accounting services for defendants, plaintiff inexplicably stopped billing them for the services of the prior year. This practice of performing accounting services without billing for them continued until 1987, when defendants did not seek plaintiff’s assistance in the preparation of their tax returns. Upon learning that he would not be needed for tax preparation work that year, he tendered a bill to the corporate defendants for services rendered from 1980 to 1987, and he tendered a bill to the individual defendants only one month before filing the instant action in the circuit court.

On cross-examination, plaintiff admitted that he did not perform all the work on defendants’ tax returns, but that some tasks were completed by two bookkeepers who periodically worked for him. He also confessed that he could not affirmatively state the precise amount of time it took him or his staff to complete the forms, and that he calculated his bill on information contained in a general time sheet kept by one of his employees reflecting the time she spent working on the returns. He conceded that he kept no records indicating the time he dealt with the defendants' accounting work and that his bill was merely a two or three times multiple of the amount he paid the bookkeepers for their efforts on defendants’ tax returns.

Defendant Gilbert Passarella, the president of the corporate defendants, was called by plaintiff as an adverse witness. He testified that from 1980 through 1986, he retained the tax return preparation services of plaintiff and that he would also periodically seek his advice with regard to other accounting matters. He conceded that although he expected to pay for the services, he did not do so because no bill was ever tendered. Each year he requested a bill and plaintiff responded that he would “get around to it,” but Passarella inquired no further when no bill was forthcoming.

To prove the value of his services, plaintiff entered into evidence the estimates of the IRS regarding the average amount of time a competent tax professional would need to complete the various tax forms. In addition, he called Joseph Dubow, a certified public accountant with 34 years’ experience as a tax accounting practitioner who specialized in rendering accounting services for small businesses. Du-bow opined that the IRS estimates constituted a reasonable approximation of the amount of time the average taxpreparer would spend completing the various tax forms. He also stated that in his opinion, the amount that plaintiff billed defendants in 1987 reflected the reasonable value of the services he had rendered them between 1980 and 1986.

At the close of plaintiff’s case, defendants moved for a “directed” finding, 1 questioning only the adequacy of plaintiff’s proof with regard to the value of his services. They maintained that in order to establish a prima facie right "to recovery in quantum meruit, plaintiff must offer proof which is specific and detailed, and that since plaintiff offered only evidence on the reasonable value of his services, he did not bear his burden of production.

The court agreed with defendants. Because the parties offered no case law which touched on what an accountant must prove to recover in quantum meruit, the court found itself governed by cases which discussed the reasonableness of attorney fees. Applying that standard, it ruled that plaintiff’s evidence fell well short of the type and quantity of evidence called for in the attorney fee petition cases. Accordingly, the court granted defendants’ section 2 — 1110 motion and dismissed all four actions.

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Bluebook (online)
617 N.E.2d 46, 246 Ill. App. 3d 860, 186 Ill. Dec. 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohter-v-passarella-illappct-1993.