Foley v. Daniel

This is an appeal from the granting of a traditional motion for summary judgment and no-evidence motion for summary judgment in a suit alleging breach of contract and unjust enrichment by attorneys who were retained to make a citizen’s presentation to the grand jury. We affirm in part and reverse and remand in part.

Appellant retained Appellees in January 2002 to make a citizen’s presentation to the grand jury in hopes of obtaining an indictment of Nia Umoja, who was involved in a credit card scam that defrauded Appellant’s business. Ms. Foley stated in her affidavit that the agreement was that the presentation would be made in April or May of 2002, but no later than June 2002. Appellees state that there was no time frame by which to make the presentation. Appellant paid a non-refundable retainer of $25,000 for the services. Appellees obtained files from the District Attorney’s office regarding Ms. Foley’s case. Appellees also hired an investigator, Fred Pendergraf, to help find evidence of the case. Appellees interviewed Jeanita Moore, who had all ready plead guilty in this case, by first attempting to visit with her in jail, and then by obtaining a bench warrant. Appellees met with a representative from Bank One to familiarize themselves with the credit and debit card system. They also obtained two grand jury subpoenas to be issued for documents that were not initially produced in the District Attorney’s grand jury presentment. In January 2003, Ms. Foley terminated the representation agreement with Appellees. After the termination, Appellees returned $3,000 to Ms. Foley, and provided her with copies of Mr. Pendergraf’s reports.