Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore

Defendant Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (Campbell Warburton) is a law firm that had represented plaintiff Reiko Miller in connection with her duties as the executor of her mother’s estate. At the conclusion of that matter, Campbell Warburton requested its attorneys’ fees from the probate court and was awarded all but one category of the fees it sought. The probate court’s major reason for denying that one category of fees was its finding that the fees had been generated by services rendered to Miller personally, not as the executor of the estate. Campbell Warburton did not appeal the probate court’s decision but initiated this action for quantum meruit to recover the fees directly from Miller.

The trial court granted Miller’s motions in limine to exclude all evidence, which resulted in dismissal of the case. There were two grounds for the trial court’s ruling. First, the trial court held that the claim was barred by the final judgment in the probate case. Second, the trial court concluded, based upon the evidence submitted in connection with the in limine motions, that Campbell Warburton could not prove its quantum meruit claim. Campbell…