COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70071 ROBERT BELOVICH : : ACCELERATED DOCKET Plaintiff-appellee : : JOURNAL ENTRY -vs- : AND : OPINION MEHDI MAGHAFI, M.D. : : PER CURIAM Defendant-appellant : : DATE OF ANNOUNCEMENT OF DECISION: JUNE 6, 1996 CHARACTER OF PROCEEDING: Civil appeal from Parma Municipal Court Case No. 94-CVF-1485 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: For defendant-appellant: ROBERT BELOVICH, JR., ESQ. CLAUDIA R. EKLUND, ESQ. 5638 Ridge Road SINDELL, LOWE & GUIDUBALDI Parma, Ohio 44129 610 Skylight Office Tower 1660 West Second Street Cleveland, Ohio 44113-1454 - 2 - PER CURIAM: After a brief trial to the bench, the Parma Municipal Court issued a judgment in favor of appellees on their complaint for attorney fees totaling $4,525.00, plus 10% interest from the date of judgment. Appellant filed a timely notice of appeal, asserting one assignment of error. I THE TRIAL COURT ERRED IN AWARDING ATTORNEY FEES WHERE NO EVIDENCE IS PRESENTED AS TO THE REASONABLE VALUE OF THE SERVICES RENDERED. Appellant argues that insufficient evidence was presented at the trial to support the reasonableness of the attorney fee award. Appellant's argument is without merit. The Ohio Supreme Court has recently held that: A trial court called upon to determine the reasonable value of a discharged contingent-fee attorney's services in quantum meruit should consider the totality of the circumstances involved in the situation. The number of hours worked by the attorney before the discharge is only one factor to be considered. Additional relevant considerations include the recovery sought, the skill demanded, the results obtained, and the attorney-client agreement itself. Reid, Johnson, Downes, Andrachik & Webster v. Lansberry (1994), 68 Ohio St.3d 570, at paragraph three of the syllabus. The Supreme Court held as well that the trial court resolves this matter within the exercise of its discretion because the factors require an equitable determination. Reid, Johnson, Downes, Andrachik & Webster v. Lansberry, supra, at 577. We do not find that the trial - 3 - court abused its discretion in holding that $4,500.00 was a reasonable amount due appellees under the quantum meruit theory. Evidence was presented at trial of not only the hours spent by the attorneys, but also of the nature of the work performed, the attorneys' expertise as pilots in a case involving aeronautical instrument malfunction, and the rates customarily charged by the attorneys on an hourly basis. The trial court had before it sufficient evidence to review the issue of reasonableness of the fees sought. Judgments supported by some competent, credible evidence going to all the essential elements of the case will not be disturbed on appeal. C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279. Appellant's assignment of error is overruled. CROSS-ASSIGNMENT OF ERROR I THE TRIAL COURT ERRED IN DENYING PLAINTIFF'S MOTION TO TAX COSTS. Appellee argues that the trial court erred in denying his motion for the recovery of costs as the prevailing party. Appellant's assignment of error is not properly before this Court for review because a notice of cross appeal was never filed in this case. App.R. 4(C)(1). The municipal court's determination of judgment in favor of appellees is affirmed. - 4 - It is ordered that appellees recover of appellant their costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Parma Municipal Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. _________________________________ PATRICIA A. BLACKMON, JUDGE _________________________________ ANN DYKE, JUDGE _________________________________ JOSEPH J. NAHRA, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time .