Ecclestone, Moffett & Humphrey, PC v. Ogne, Jinks, Alberts & Stuart, PC

In dispute is the distribution of a legal fee earned in an unrelated lawsuit. The two parties, both of which are law firms, claim the lion’s share of the fee. The lower court entered an order on October 6,1986, granting plaintiff’s motion for summary disposition and distributing $41,529.33 of the fee to plaintiff and $25,500 to defendant. MCR 2.116(C)(10). In a second order also entered on October 6, 1986, the lower court awarded costs and attorney fees to plaintiff. MCR 2.405. Defendant appeals, and plaintiff cross appeals, from both orders.

In May of 1982, third-party defendant, Stephen T.…