Document Type

Case Summary

Publication Date

8-8-2005

Case Synopsis

This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all parties believed the settlement to be the final and binding agreement between the parties. The Kahns then sued Byrd and his firm for legal malpractice, breach of fiduciary duty, negligent infliction of emotional distress, and intentional infliction of emotional distress. The district court held that the Kahns were collaterally estopped from raising their claims because the claims were already litigated in the prior litigation. Byrd and Morse & Mowbray moved for costs and attorneys fees and were awarded $37,341.00 by the district court. The Kahns now appeal the district court’s award of attorney’s fees.

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