Mudge grants divorce attorney’s request to withdraw motions for sanctions in legal malpractice suit

By Heather Isringhausen Gvillo | Aug 17, 2017

An attorney has decided not to seek sanctions against a former client who allegedly filed a frivolous, time-barred legal malpractice suit after the attorney was suspended for her actions in his divorce litigation.

Madison County Circuit Judge William Mudge filed an agreed order on Aug. 3, stating that defendants Amanda Bradley Verett and Michael Reid have orally requested leave to withdraw their pending motions for sanctions.

Plaintiff Christopher Nolan did not object.

Mudge granted the motion and withdrew the pending motions for sanctions.

He noted that the July 27 order granting dismissal is the final order in the case and awarded the defendants their actual court costs.

Defense attorney Roy Dripps of Armbruster Dripps Winterscheidt & Blotegovel LLC in Maryville filed a motion for sanctions on April 7 on behalf of Verett. He sought $343.67 for costs and $6,874.37 in attorney’s fees. Reid joined on April 26.

Dripps requested an order sanctioning Nolan and his attorney, former Madison County judge Thomas Hildebrand, arguing that they knew Nolan’s complaint was frivolous and untimely but filed it to extort money.

“The Court should sanction both plaintiff and plaintiff’s counsel for filing a frivolous suit not grounded in the law because the statute of limitations expired on this case nearly a decade ago,” the motion stated.

Dripps also argues that Hildebrand had an “ethical obligation” to inform the court of all material facts, including the defendants’ pending dispositive motions.

“Mr. Hildebrand’s failure to comply with his ethical obligation is inexcusable,” the motion states. “But it only gets worse.

“Concealing from the Court the existence of the pending dispositive motion was clearly a conscious decision because Plaintiff’s counsel presented the motion for voluntary dismissal but did not even serve it until the day after the Court signed the proposed order.

“This tactic deprived defendants of any opportunity to object to hearing the voluntary dismissal motion before their own motions to dismiss as well as to ask the Court to award costs pursuant to the voluntary dismissal statute,” the motion states.

Reid is represented in the case by Lawrence R. Smith and Lee J. Karge of Brinker & Doyen LLP in Clayton, Mo.

Verett was suspended for 90 days in 2008 for her handling of a family matter between Nolan and his ex-wife.

In his Jan. 17 complaint, Nolan alleged Verett deviated from the standard of care of a reasonable attorney by filing and obtaining ex parte relief against his ex-wife, Tanna Nolan, and a Missouri hospital despite knowing she was not entitled to do so.

Reid also collected attorney’s fees for allegedly engaging in strategy conferences with Verett.

In Nolan’s malpractice suit, he claimed he was required to pay $25,000 in Tanna Nolan’s attorney’s fees as a result of Verett’s alleged breach of contract and another $25,000 in fees in defending the assessment of attorney’s fees.

He also alleged Verett charged him $18,569.03 for services, which provided no benefit and put him in a worse position.

Madison County Circuit Court case number 17-L-27

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Armbruster, Dripps, Winterscheidt and Blotevogel Madison County Circuit Court

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