Dunbar, et al. v. Renfroe, et al.
| Docket Number: | 2001-CT-01208-SCT Linked Case(s): 2001-CP-01208-COA ; 2001-CT-01208-SCT ; 2001-CP-01208-COA ; 2001-CT-01208-SCT ; 2001-CT-01208-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Carlson, J. Holding: The Judgments of the Court of Appeals and the Scott County Chancery Court are Reversed and Rendered. |
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| Additional Case Information: |
Topic: Durable power of attorney - Contingency fee contract - Sections 87-3-101 to 87-3-113 Judge(s) Concurring: Smith, C.J., Cobb, P.J., Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Waller, P.J., and Diaz, J. Dissenting Author : Easley, J. Procedural History: Approval of settlement Nature of the Case: CIVIL - OTHER Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 07-18-2001 Judge: H. David Clark Disposition: AFFIRMED AMENDMENT TO ATTORNEY'S FEES Case Number: 2001-300 |
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| Note: | The supreme court found that the chancellor abused his discretion in reducing the attorney's fees. The court of appeal's decision can be found at http://courts.ms.gov/Images/OPINIONS/CO7805.PDF | |
| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Guardianship of Daisy Pearl Savell: David C. Dunbar, Esq. and the Law Firm of DunbarMonroe, PLLC |
DAVID C. DUNBAR
WILEY JOHNSON BARBOUR |
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| Appellee: | Shirley Renfroe and Marguerite Jordan | HEZ L. HOLLINGSWORTH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Durable power of attorney - Contingency fee contract - Sections 87-3-101 to 87-3-113 |
| Summary of the Facts: | Daisy Savell executed a durable power of attorney in favor of her two daughters, Shirley Renfroe and Marguerite Jordan. Renfroe and Jordan entered into a contract of employment with Attorney David C. Dunbar to pursue a personal injury claim on Savell's behalf. A settlement offer was eventually made on this claim. Dunbar petitioned the Scott County Chancery Court for approval of the proposed settlement. The chancellor approved the settlement, but reduced Dunbar's attorney's fees from the 40% contingency fee as provided in the contract to a 33 1/3 % contingency fee. Dunbar appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Dunbar argues that the Court of Appeals failed to consider the controlling constitutional provisions found at U.S. Const. Art. 1, §10, cl. 1, and Miss. Const. Art. 3, §16, which prohibit the impairment of the obligation of contracts and that because there was neither evidence nor allegations of fraud, the chancellor was required to enforce the employment contract as written. The Court of Appeals held that because Dunbar voluntarily submitted this matter to the chancellor, he did so for all purposes. Renfroe and Jordan executed a valid, enforceable contingency fee contract with Dunbar. Out of an abundance of caution, Dunbar sought approval from the chancery court to settle the claim on behalf of the principal. Renfroe and Jordan did not object to the contingency fee, nor did the chancellor make a finding that the contract was unconscionable, fraudulent or otherwise improper. The practical effect of the chancellor's refusal to enforce the terms of the contract entered into by Renfroe and Jordan was a judicial abrogation of the provisions of sections 87-3-101 through 87-3-113. Revoking or invalidating the power of the attorneys-in-fact, Renfroe and Jordan, upon the disability of the principal, defeats the purpose of a durable power of attorney. This was not a contract entered into pursuant to a traditional probate matter and this was not a contract within the parameters of Uniform Chancery Court Rule 6.12. Therefore, the chancellor abused his discretion in arbitrarily decreasing the amount of the contingency fee. |
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