Case Caption: Diane Ross and Ike Bracy vs. Harold HodgeCase Number: S. Ct. Civ. No. 2010-0089Date: 03/07/2013Author: Dunston, Michael C. Citation: Summary:

In an action arising from a professional services agreement involving multiple businesses in the construction industry - with claims and counterclaims sounding in contract, fraud, breach of fiduciary duty, conversion and unjust enrichment - the Superior Court did not err by finding that a party was unjustly enriched because she exerted undue influence over the plaintiff in acquiring a parcel of property, but erred in granting an equitable lien in property owned by her. The Superior Court erred by denying a motion for a directed verdict on plaintiff's conversion claim, and abused its discretion by dismissing a counterclaim without considering whether good cause existed to grant the defendant an extension to serve the counterclaim or whether such an extension was otherwise warranted. The Superior Court did not err by prevented the jury from considering claims relating to certain projects under the services agreement because defendant testified that plaintiff recovered no money on these contracts, and hence the defendant's percentage of those contracts was zero and plaintiff owed him no money relating to those contracts. The judgment appealed from is affirmed in part and reversed in part. The portion of the judgment finding unjust enrichment at plaintiff's expense is affirmed. Other portions of the decrees and orders are reversed, and the matter is remanded to the Superior Court for further proceedings consistent with this opinion, including the entry of a new judgment affording a remedy on the unjust enrichment claim upheld in this appeal.

Attachment: Open Document or Opinion