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Tucker v. Lilley

Supreme Judicial Court of Maine

March 24, 2015

RICHARD D. TUCKER et al.
v.
DANIEL G. LILLEY et al. TROUBH HEISLER, P.A.
v.
DANIEL G. LILLEY LAW OFFICES, P.A. et al

Argued: September 4, 2014.

On the briefs:

Walter F. McKee, Esq., and Matthew D. Morgan, Esq., McKee Billings, LLC, P.A., Augusta, for appellants Daniel G. Lilley and Daniel G. Lilley Law Offices, P.A.

Mark V. Franco, Esq., and Jason P. Donovan, Esq., Thompson & Bowie, LLP, Portland, for appellant John P. Flynn III.

Julian L. Sweet, Es q., Berman & Simmons, P.A., Lewiston, for appellee Richard D. Tucker.

Gerald F. Petruccelli, Esq., Petruccelli, Martin & Haddow, LLP, Portland, for appellee Troubh Heisler, P.A.

At oral argument: Walter F. McKee, Esq., for appellants Daniel G. Lilley and Daniel G. Lilley Law Offices, P.A.

Mark V. Franco, Esq., for appellant John P. Flynn III.

Julian L. Sweet, Esq., for appellee Richard Tucker.

Gerald F. Petruccelli, Esq., for appellee Troubh Heisler, P.A.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.[*]

OPINION

Page 202

MEAD, J.

[ΒΆ1] In these related cases, all parties are practicing Maine attorneys or Maine law firms. In both matters, (1) complaints, cross-claims, and counterclaims were filed in the Superior Court (Cumberland County, Wheeler, J.) asserting various theories of entitlement to all or part of a $1.24 million attorney fee generated in a civil judgment in another matter; (2) the court denied the motion of Daniel G. Lilley and Daniel G. Lilley Law Offices, P.A., to consolidate the matters for trial; and (3) the court proceeded to dispose of the cases through summary judgment on some claims, and dismissal or severance of others. Because we conclude that, with one ...


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