On appeal from Superior Court of New Jersey, Law Division, Atlantic County, No. L-3671-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 16, 2008
Before Judges Wefing, Parker and LeWinn.
Defendant third-party plaintiff George L. Farmer, Esq. appeals from a judgment entered following a bench trial. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Plaintiff M. Hossein Tirgan, M.D., is a physician licensed to practice medicine in New Jersey. Defendant is an attorney admitted to the practice of law in New Jersey. Tirgan sued defendant for fees allegedly earned for services he performed as an expert witness in medical malpractice matters for defendant. Defendant denied any liability and filed a third- party complaint for fees he allegedly earned for legal services he performed for Tirgan and his professional corporation in connection with a dispute Tirgan had with another company that performed billing services for his medical practice.
Farmer originally contended he was owed approximately $190,000 for those services. He later reduced that amount to $181,455.82 to reflect certain credits due to plaintiff. The trial court concluded that Farmer was owed $174,455.82 for his legal services. It also concluded that Tirgan was entitled to fees totaling $145,872.50, leaving Tirgan owing Farmer $28,583.32. Tirgan had paid $15,930.82, leaving a balance due of $12,652.50. The trial court entered judgment in favor of Farmer and against Tirgan for $12,652.50.
Farmer has appealed from that judgment. Tirgan has not participated in this appeal. Farmer filed a motion seeking leave to proceed on the merits of his appeal without a transcript of the trial proceedings. The order granting this motion included the following provision:
The motion is granted, subject to the right of the panel to which the appeal is assigned for disposition on the merits to determine that one or more of appellant's arguments cannot be decided without the trial transcript.
Accordingly, Farmer has supplied to us only the following transcripts:
1) transcript of the proceedings on April 29, 2005, when the trial court heard oral argument on Farmer's motion for summary judgment and denied the motion, finding there were disputed material issues of fact;
2) transcript of July 27, 2006, when the trial court placed its decision on the record following the end of the bench trial;
3) transcript of November 17, 2006, when the trial court heard Farmer's motion for reconsideration;
4) transcript of February 16, 2007, when the trial court placed on the record its tentative ...