Untiedt v. Grand Laboratories, Inc.

OPINION

SHORT, Judge.

This appeal involves a determination by the trial court that Charles and Wanda Un-tiedt (collectively Untiedt) executed a valid and unambiguous contingent fee agreement with Douglas E. Schmidt and Sieben, Grose, Von Hottum, McCoy & Carey, Ltd. (firm). On appeal, Untiedt argues the trial court: (1) made a clearly erroneous finding that the parties executed a valid agreement; (2) erred in concluding the 40 percent contingent fee unambiguously applies to an award of statutory attorney fees; and (3) committed plain error in basing its decision on irrelevant evidence.

FACTS

After…