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Daggett v. Gannon

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


September 28, 2007

GEORGE T. DAGGETT AND DAGGETT, KRAEMER, ELIADES & VANDERWIELE, PLAINTIFFS-RESPONDENTS,
v.
RICHARD W. GANNON, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-242-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: September 19, 2007

Before Judges Cuff and Simonelli.

Plaintiffs George T. Daggett and Daggett, Kraemer, Eliades & Vanderwiele filed a complaint to recover legal fees incurred by defendant Richard W. Gannon for the defense of a criminal matter filed against defendant and the prosecution of a civil action on his behalf. A jury awarded plaintiffs $17,155. We affirm.

On appeal, defendant argues that he never signed a retainer agreement; therefore, he is not required to pay any fees. He does not contest that plaintiffs represented him in two matters: State v. Richard Gannon and Richard W. Gannon and Lauren Gannon v. Township of Sparta. At oral argument, defendant argued that plaintiffs stated that they would represent him in the latter matter on a contingent fee basis. He contended that the absence of a signed retainer agreement negated his obligation to pay the fees incurred to prosecute the civil action.

We have carefully reviewed the record in this matter in its entirety. The verdict rendered by the jury is well-supported by the evidence. R. 2:11-3(e)(1)(B). The contingent fee argument was not raised at trial and may not be raised for the first time on appeal. Nieder v. Royal Indem. Ins. Co., 62 N.J. 229, 234 (1973).

We, therefore, affirm the judgment entered in favor of plaintiffs and against defendant.

20070928

© 1992-2007 VersusLaw Inc.



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