Fidelity National Title Insurance Co. v. Intercounty National Title Insurance. Co.

Fidelity National Title Insurance (plaintiff) sued Intercounty National Title Insurance and several other defendants over $20 million missing from escrow accounts the defendants controlled. The defendants hired the small firm Cherry & Associates to defend them, promising to pay hourly and reimburse expenses, but fell over $430,000 behind. Cherry moved to withdraw as counsel after discovery closed but before trial began, warning that continuing could push its unpaid costs past $1 million. At a hearing, every party told the judge withdrawal would cause it no prejudice, yet the district judge denied Cherry's motion (and a later renewed motion) as untimely. Cherry appealed.