Capek v. Devito

OPINION

CAPPY, Justice.

The issue presented is whether the lower courts erred in awarding summary judgment to Appellee Jennifer Devito, thereby precluding Appellant, an attorney, from claiming a fee under a contingency fee agreement (“Agreement”) that included the language “no recovery no fee”, where the Agreement also provided for recovery of a fee under the doctrine of quantum meruit. For the reasons set forth herein, we reverse and remand for further proceedings. 1

The facts of this case, set forth in the light most favorable to Appellant as the non-moving party, Albright, 696 A.2d at 1165,…