Narrative Opinion Summary
The case concerns an appeal by attorney Allen L. Feingold against an order issued by the Court of Common Pleas of Philadelphia County, which required him to withdraw as counsel for clients Ruth and Jerry Woolard. The court's order also mandated that Feingold receive a referral fee not exceeding one-third of any recovery and reimbursement for costs. The Woolards had initially retained Feingold on a 50% contingency fee basis after a vehicular accident but later purportedly dismissed him, leading to the involvement of Attorney Fincourt B. Shelton. The Woolards filed complaints alleging unprofessional conduct by Feingold, including withholding case files. The court's order was challenged on the grounds of improper reliance on a related Delaware County case. The appellate court agreed, finding no proper pleading of records from the other case and no support for a res judicata claim. Consequently, the appellate court reversed the lower court's order, determining it was final and awarded a procedendo, rendering further examination of Feingold's second appeal issue unnecessary. The jurisdiction was relinquished, concluding the litigation with Feingold's removal and the establishment of his compensation terms.
Legal Issues Addressed
Finality of Court Orderssubscribe to see similar legal issues
Application: The court confirmed that the order effectively removing Feingold from the case and establishing his compensation terms was final and ready for review.
Reasoning: The order's implications were evaluated to determine if it was final, confirming that it effectively removed Feingold from the case and established his compensation terms.
Judicial Notice and Pleading Requirementssubscribe to see similar legal issues
Application: The court emphasized that judicial notice cannot be taken of records from another case unless those records are properly pleaded.
Reasoning: The court agrees, emphasizing that judicial notice cannot be taken of records from another case unless those records are properly pleaded.
Res Judicata and Record Evidencesubscribe to see similar legal issues
Application: The lower court's reliance on the Delaware County case lacked record support, and there were no instances in the relevant petitions or responses to support a res judicata claim.
Reasoning: The court noted that it found no instances within the relevant petitions or responses that would support a res judicata claim.
Withdrawal of Counsel and Referral Feesubscribe to see similar legal issues
Application: The court ordered attorney Feingold to withdraw as counsel for the Woolards and mandated a referral fee of one-third of any recovery, in addition to cost reimbursement.
Reasoning: The case involves an appeal by attorney Allen L. Feingold from an order of the Court of Common Pleas of Philadelphia County that required him to withdraw as counsel for Ruth and Jerry Woolard in their lawsuit against Furman Burton and mandated payment of a referral fee not exceeding one-third of any recovery, in addition to reimbursement for costs.