Newton v. Cox

FARMER, Judge.

Plaintiff William P. Newton appeals the trial court’s order awarding him a $28,125 judgment against his former attorney, Defendant/Appellee James S. Cox, but denying Newton’s claim for prejudgment interest. Newton’s claim arose out of Cox’s retention of a contingency fee in excess of the maximum permitted by statute. We affirm the judgment entered in favor of Newton, but with certain modifications hereinafter set forth.

Cox previously represented Newton and Newton’s former wife in a medical malpractice action. In the complaint filed by Cox, Newton sought $3 million in damages for…