A hearing involving a motion to dismiss an attorney fee dispute has been reset to next year in Madison County.

The law firm of D. Jeannine Kelly is suing Goldenberg Heller Antognoli Rowland & Short for damages in excess of $1.3 million.
Kelly claims that the Goldenberg firm failed to pay out fees she earned for her work on a lawsuit over oil contamination in Hartford.

The hearing, which had been set Dec. 4, is now scheduled at 9 a.m. on Jan. 7.

Madison County Circuit Judge Dennis Ruth presides.

Kelly is suing for counts of breach of contract, unjust enrichment and other claims.

The defendant argues that Kelly voluntarily withdrew from the case and that Illinois law does not provide fees automatically to an attorney who does so.

It also alleges that even if Kelly has grounds for a suit, it would be with the party she represented, not the law firm because the contract existed with the third party.

Kelly is represented by Michael Downey.

The law firm is represented by John Papa.

The case is Madison case number 08-L-794.

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