CAPEK v. DEVITO


767 A.2d 1047 (2001)

John CAPEK, Esquire, Appellant, v. Jennifer DEVITO, Appellee.

Supreme Court of Pennsylvania.

Decided March 21, 2001.


Attorney(s) appearing for the Case

Paul Mark Perlstein, Robert J. Foster, Philadelphia, for John Capek.

Michael Yanoff, Lansdale, for Jennifer Devito.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NEWMAN AND SAYLOR, JJ.


OPINION

CAPPY, Justice.

The issue presented is whether the lower courts erred in awarding summary judgment to Appellee Jennifer Devito, thereby precluding Appellant, an attorney, from claiming a fee under a contingency fee agreement ("Agreement") that included the language "no recovery no fee", where the Agreement also provided for recovery of a fee under the doctrine of quantum meruit. For the reasons set forth herein, we reverse and remand for further...

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