JESSE R. MILTIER V. BANK OF AMERICA, N.A. - Articles

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Posted by: Tanja Trezise on Jun 26, 2013

Court: TN Court of Appeals

Attorneys 1:

Thomas E. Cowan, Jr., Elizabethton, Tennessee, Pro Se.

Attorneys 2:

Jesse R. Miltier, III, Grand Junction, Colorado, Pro Se.

Judge(s): MCCLARTY

This appeal involves a dispute over an attorney’s fee in a wrongful foreclosure case filed by Client against Bank of America. Client originally signed a contingency fee contract with Attorney, who later withdrew from the case. Client hired a new law firm to represent him and subsequently prevailed following a jury trial. Attorney filed suit, alleging that he was entitled to recover his original contingency fee because Client’s behavior forced him to withdraw from representation. The trial court limited Attorney’s recovery of fees pursuant to quantum meruit. Attorney appeals. We affirm the decision of the trial court.

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