Hannon v. Lungu

BASKIN, Judge.

Appellant challenges the trial court’s dismissal of his complaint for attorneys’ fees and the grant of summary judgment upon the ground of res judicata. We reverse.

In an earlier appeal, this court reversed the trial court’s award of a contingent fee, stating:

The executrix has appealed and urges error in the order on attorneys’ fees. We find merit in this contention. The contract was for 40% of any recovery that Hannon made on claims against the estate. Apparently these claims are still validly pending and, upon recovery being made, they will be entitled to 40% of the gross…