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LAW OFFICES OF JUSTIN R. LEWIS, PLLC. v. DIVEN

No. 1041 WDA 2010.

18 A.3d 1223 (2011)

LAW OFFICES OF JUSTIN R. LEWIS, PLLC, Appellant v. Michael DIVEN, Appellee.

Superior Court of Pennsylvania.

Filed April 18, 2011.

Attorney(s) appearing for the Case

Justin R. Lewis , Pittsburgh, for appellant.

Michael Diven , appellee, pro se.

BEFORE: STEVENS, BOWES, and SHOGAN, JJ.

PER CURIAM:

Affirmed.

Judge BOWES files a Dissenting Opinion.

DISSENTING OPINION BY BOWES, J.:

As I believe the trial court erred in applying a reasonableness standard to the breach of contract action for attorneys' fees, I respectfully dissent. Under Pennsylvania law, a breach of contract claim is established by showing four elements: existence of a contract to which the plaintiff and defendant are parties; essential terms of that contract...

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