February 21, 2007
In re ESTATE OF ) Appeal from
) the Circuit Court
SYLVIA HORWITZ, Deceased, ) of Cook County.
(J. Nicolas Albukerk, ))
Petitioner-Appellant, ) No. 03 P 8397
Estate of Sylvia Horwitz, Deceased, ) Honorable
) James W. Kennedy,
Respondent-Appellee). ) Judge Presiding.
PRESIDING JUSTICE THEIS delivered the opinion of the court:
Petitioner J. Nicolas Albukerk appeals from an order of the circuit court denying his
claim for attorney fees in quantum meruit against the Estate of Sylvia Horwitz, deceased (Estate),
arising from his representation of Sylvia in a medical malpractice lawsuit prior to her death. On
appeal, petitioner contends that the circuit court erred in denying him his fees where the
contingent-fee contract had terminated and he was discharged before he completed his services.
For the following reasons, we reverse and remand for further proceedings.
In March 2000, Sylvia Horwitz filed a medical malpractice action against Illinois