Clara Briggs v. Kolb Roellgen & Kirchoff, LLP (mem. dec.), 42A01-1610-CC-2235

Background

In March 2013 Clara Briggs retained Kolb Roellgen & Kirchoff LLP (the Firm) for guardianship services for her mother under a written fee agreement (hourly rates, $500 retainer, 30-day billing objection, 12% contractual late interest, and collection-cost clause).
The Firm billed $33,908.20 through October 2014 for the guardianship; Davies Circuit Court later awarded the Firm $23,174.00 from the guardianship estate and deemed $10,734.20 unreasonable for payment from estate funds.
After the ward’s death the Firm performed estate-closing work (Oct 2014–Sept 2015) generating additional invoices (~$25,454.21); Briggs questioned bills in Dec. 2015 and the Firm sued Briggs in Knox County for $36,188.41 (unpaid fees), prejudgment interest, and collection costs.
Briggs moved to transfer venue (denied as untimely) and filed a cross-motion for summary judgment arguing res judicata; the Firm moved for summary judgment seeking recovery under the contract and alternative theories.
Trial court granted the Firm summary judgment: $36,188.41 unpaid fees, $7,675.91 collection costs, and $5,602.86 prejudgment interest. Briggs appealed.

Issues

Issue	Plaintiff's Argument (Briggs)	Defendant's Argument (Firm)	Held
1) Change of venue timeliness	Motion timely upon receipt of complaint; venue should change	Motion was untimely under Trial Rules 5/6/12/75	Denial affirmed — Briggs’ venue motion filed outside the prescribed period and was untimely
2) Res judicata bars Firm’s fee claim for amounts the guardianship court disallowed	Davies Circuit Court already adjudicated reasonableness of fees; claim precluded	The probate order only ruled on payment from estate, not on contractual liability between Briggs and Firm	Denial of Briggs’ summary judgment affirmed — res judicata does not bar Firm’s contract/quasi‑contract claim for unpaid fees
3) Firm entitlement to unpaid fees (contract & post‑death services)	Fees unreasonable; some services outside contract so no recovery	Contract covers pre‑death guardianship charges; post‑death estate‑closing fees recoverable under quantum meruit	Summary judgment for Firm affirmed as to unpaid fees ($36,188.41): $10,734.20 under contract; $25,454.21 recoverable under quantum meruit
4) Award of collection costs and prejudgment interest	Collection costs and interest award excessive/unsupported	Contract permits collection costs for sums due under the fee agreement; interest per contract (but Firm sought only 8%)	Partially reversed: collection costs award reversed in part (costs attributable to quantum meruit portion not recoverable); prejudgment interest remanded because genuine factual disputes exist about accrual date and proper rate

Key Cases Cited

City of Beech Grove v. Beloat, 50 N.E.3d 135 (Ind. 2016) (standard of appellate review for summary judgment)
Thrasher, Buschmann, & Voelkel, P.C. v. Adpoint Inc., 24 N.E.3d 487 (Ind. Ct. App. 2015) (distinguishing awards of reasonable attorney fees in underlying litigation from separate contractual claims for fees)
Wickey v. Sparks, 642 N.E.2d 262 (Ind. Ct. App. 1994) (appellate affirmation of summary judgment may rest on any legal theory supported by the record)
Kelly v. Levandoski, 825 N.E.2d 850 (Ind. Ct. App. 2005) (elements for recovery under quantum meruit/unjust enrichment)
Cavallo v. Allied Physicians of Michiana, LLC, 42 N.E.3d 995 (Ind. Ct. App. 2015) (attorney fees, whether contractual or equitable, must be reasonable)
Shelby’s Landing-II, Inc. v. PNC Multifamily Capital Institutional Fund XXVI Ltd. P’ship, 65 N.E.3d 1103 (Ind. Ct. App. 2016) (when objective evidence is required to prove reasonableness of attorney fees)
Mueller v. Karns, 873 N.E.2d 652 (Ind. Ct. App. 2007) (quantum meruit permits recovery of the value of services absent a contract)
B.E.I., Inc. v. Newcomer Lumber & Supply Co., Inc., 745 N.E.2d 233 (Ind. Ct. App. 2001) (law of account stated principles)