Temesvary v. Houdek

703 N.E.2d 613 (1998)

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Temesvary v. Houdek

Illinois Appellate Court
703 N.E.2d 613 (1998)

  • Written by Jody Stuart, JD

Facts

Doris Temesvary (plaintiff) filed a personal-injury lawsuit in trial court against Diane Houdek (defendant). After settling the suit, Temesvary filed a petition to adjudicate a lien held by Dr. A. G. Phillips. Temesvary alleged that Phillips’s fees for nuclear-medicine studies performed on Temesvary, $8,140, exceeded the normal and customary costs for the services provided and were therefore unreasonable. The trial court found that the reasonable fee for Phillips’s services was $2,509 and ordered Phillips’s lien adjudicated in that amount. Phillips appealed, arguing that the trial court did not have authority to reduce his lien based on the reasonableness of his fees. Citing caselaw addressing attorneys’ fees, Phillips argued that the court could not reduce his lien, because he had a written fee agreement with Temesvary and the final amount that Phillips charged Temesvary did not exceed the amount specified in the agreement.

Rule of Law

Issue

Holding and Reasoning (Rathje, J.)

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