Moenning v. Union Pacific Railroad Company
2012 IL App (1st) 101866
Ill. App. Ct.2012Background
- Moenning, a plaintiff and attorney, pursued personal injury claims against Union Pacific arising from disembarking a train car.
- Trial court granted a directed verdict on the wilful and wanton claim; jury awarded Moenning $125,000 with 50% fault allocated to him.
- Moenning appealed; appellate court affirmed the underlying judgment in 2009; leave to appeal to the Supreme Court was denied in 2010; mandate issued May 7, 2010.
- On September 22, 2009, Lerum, Moenning’s former trial attorney, filed a petition to adjudicate and enforce an attorney’s lien under 770 ILCS 5/1, attaching a contingency-fee agreement (33 1/3%) and expenses.
- A December 2, 2009 order granted the lien petition for $51,137.69 plus a proportionate share of statutory interest; the record on appeal lacks the trial transcript or a bystander’s report for that hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court could adjudicate the lien while an appeal was pending | Moenning contends divestment of jurisdiction occurred | Lerum argues lien adjudication is collateral and independent | Court held jurisdiction was not divested; lien adjudication did not affect the appeal issues. |
| Whether the lien was properly perfected under the Attorneys Lien Act | Moenning argues perfection was improper | Lerum maintains proper perfection based on notice and services | Record insufficient to examine perfection due to missing proceedings; cannot find error based on the current record. |
| Whether December 2, 2009 order granting the lien was a final, appealable order under Rule 303 | Timeliness of appeal from December 2 order was improper due to pending matters | Order was final and appealable; subsequent motions did not toll appeal time | December 2, 2009 order was final and appeal timely under Rule 303(a)(1); appellate jurisdiction exists. |
Key Cases Cited
- Kovitz Shifrin Nesbit, P.C. v. Rossiello, 392 Ill. App. 3d 1059 (2009) (liens require service of notice and petition to adjudicate under the Attorneys Lien Act)
- Philip Morris, Inc., 198 Ill. 2d 87 (2001) (lien interests and client-attorney relationship in recovery proceeds)
- Town of Libertyville v. Bank of Waukegan, 152 Ill. App. 3d 1066 (1987) (collateral matters may be entertained while appeal proceeds)
- Hartford Fire Insurance Co. v. Hartford, 321 Ill. App. 3d 879 (2001) (fees and costs adjudicated collateral to underlying judgment)
- General Motors Corp. v. Pappas, 242 Ill. 2d 163 (2011) (collateral issues may be decided while appeals are pending)