Florida Patient's Compensation Fund v. Moxley, Nos. 74431

CourtUnited States State Supreme Court of Florida
Writing for the CourtGRIMES; EHRLICH
Citation557 So.2d 863
Parties15 Fla. L. Weekly S97 FLORIDA PATIENT'S COMPENSATION FUND, Petitioner, v. Darryl MOXLEY, etc., et al., Respondents. Neil J. KARLIN, M.D., et al., Petitioners, v. Darryl MOXLEY, etc., et al., Respondents.
Decision Date01 March 1990
Docket Number74480,Nos. 74431

Page 863

557 So.2d 863
15 Fla. L. Weekly S97
FLORIDA PATIENT'S COMPENSATION FUND, Petitioner,
v.
Darryl MOXLEY, etc., et al., Respondents.
Neil J. KARLIN, M.D., et al., Petitioners,
v.
Darryl MOXLEY, etc., et al., Respondents.
Nos. 74431, 74480.
Supreme Court of Florida.
March 1, 1990.

Melanie G. May of Bunnell and Woulfe, P.A., Fort Lauderdale, and Alan D. Sackrin of Klein & Tannen, P.A., North Miami Beach, for petitioners.

Gary M. Farmer of Bary M. Farmer, P.A., Fort Lauderdale, for respondents.

GRIMES, Justice.

We review Florida Patient's Compensation Fund v. Moxley, 545 So.2d 922, 924 (Fla. 4th DCA 1989), in which the Fourth District Court of Appeal certified the following question:

Page 864

Does the holding in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985) preclude an attorney's fee in a medical malpractice action above the percentage amount set out in the contingency fee agreement between claimant and her counsel, where the agreement provides that the fee upon recovery shall be the higher of the percentage amount or an amount awarded by the court?

In addition, upon the request of petitioners Karlin, we also review the decision because of its conflict with Spiegel v. Williams, 545 So.2d 1360 (Fla.1989). We have jurisdiction under article V, section 3(b)(3) and (4) of the Florida Constitution.

Pursuant to a jury verdict, respondents Moxley obtained a $155,674 judgment for medical malpractice committed by Dr. Karlin. The court also entered a judgment for $150,000 attorney's fees pursuant to section 768.56, Florida Statutes (1981), directing that the Florida Patient's Compensation Fund rather than Karlin would be responsible to pay the attorney's fees. The issues on appeal concerned the amount of attorney's fees and who should pay them.

The Moxleys had entered a fee agreement which provided that their attorney would be paid a percentage of the recovery or the amount of reasonable fees determined by the court, whichever was the greater. Rejecting the argument that Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985), precluded a recovery greater than the amount of the percentages agreed upon between the Moxleys and their attorney, the district court of appeal held that under the alternative provisions of the fee agreement, the Moxleys were entitled to the higher fee awarded by the court as being reasonable. This Court reached a similar conclusion in our recent opinion in Kaufman v. MacDonald,...

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11 practice notes
  • First Baptist Church of Cape Coral, Fla., Inc. v. Compass Constr., Inc., Nos. SC11–1278
    • United States
    • United States State Supreme Court of Florida
    • May 30, 2013
    ...fee did not exceed the fee agreement reached by [plaintiff] and her attorney.Id.; see also Fla. Patient's Comp. Fund v. Moxley, 557 So.2d 863, 864 (Fla.1990) (holding that plaintiffs, who entered a contingency fee agreement containing an alternative fee recovery clause similar to that in Ka......
  • Orlando Regional Medical Center, Inc. v. Chmielewski, Nos. 89-691
    • United States
    • Florida District Court of Appeals
    • December 6, 1990
    ...572 (Fla.1990); Florida Patient's Compensation Fund v. Moxley, 545 So.2d 922 (Fla. 4th DCA 1989), affirmed in part, quashed in part, 557 So.2d 863 (Fla.1990); Tallahassee Memorial Regional Medical Center, Inc. v. Poole, 547 So.2d 1258 (Fla. 1st DCA 1989), rev. denied, 558 So.2d 19 (Fla.1990......
  • Resolution Trust Corp. v. Hallmark Builders, Inc., No. 92-2410
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 4, 1993
    ...law permits the reasonable fee to exceed 25% of the recovery. (Rept. & Rec. at 14-15). Florida Patient's Compensation Fund v. Moxley, 557 So.2d 863 (Fla.1990); Pendley v. Shands Teaching Hosp. & Clinics, Inc., 577 So.2d 642 (Fla. 1st DCA 1991); Tampa Bay Publications, Inc. v. Watkins, 549 S......
  • Independent Fire Ins. Co. v. Lugassy, Nos. 90-1626
    • United States
    • Court of Appeal of Florida (US)
    • October 20, 1992
    ...permitted the court to award a reasonable fee in excess of the contingency fee, see e.g., Florida Patient's Compensation Fund v. Moxley, 557 So.2d 863 (Fla.1990); Kaufman v. MacDonald, 557 So.2d 572 (Fla.1990), the parties' original agreement did not authorize a higher fee. The absence of s......
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11 cases
  • First Baptist Church of Cape Coral, Fla., Inc. v. Compass Constr., Inc., Nos. SC11–1278
    • United States
    • United States State Supreme Court of Florida
    • May 30, 2013
    ...fee did not exceed the fee agreement reached by [plaintiff] and her attorney.Id.; see also Fla. Patient's Comp. Fund v. Moxley, 557 So.2d 863, 864 (Fla.1990) (holding that plaintiffs, who entered a contingency fee agreement containing an alternative fee recovery clause similar to that in Ka......
  • Orlando Regional Medical Center, Inc. v. Chmielewski, Nos. 89-691
    • United States
    • Florida District Court of Appeals
    • December 6, 1990
    ...572 (Fla.1990); Florida Patient's Compensation Fund v. Moxley, 545 So.2d 922 (Fla. 4th DCA 1989), affirmed in part, quashed in part, 557 So.2d 863 (Fla.1990); Tallahassee Memorial Regional Medical Center, Inc. v. Poole, 547 So.2d 1258 (Fla. 1st DCA 1989), rev. denied, 558 So.2d 19 (Fla.1990......
  • Resolution Trust Corp. v. Hallmark Builders, Inc., No. 92-2410
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 4, 1993
    ...law permits the reasonable fee to exceed 25% of the recovery. (Rept. & Rec. at 14-15). Florida Patient's Compensation Fund v. Moxley, 557 So.2d 863 (Fla.1990); Pendley v. Shands Teaching Hosp. & Clinics, Inc., 577 So.2d 642 (Fla. 1st DCA 1991); Tampa Bay Publications, Inc. v. Watkins, 549 S......
  • Independent Fire Ins. Co. v. Lugassy, Nos. 90-1626
    • United States
    • Court of Appeal of Florida (US)
    • October 20, 1992
    ...permitted the court to award a reasonable fee in excess of the contingency fee, see e.g., Florida Patient's Compensation Fund v. Moxley, 557 So.2d 863 (Fla.1990); Kaufman v. MacDonald, 557 So.2d 572 (Fla.1990), the parties' original agreement did not authorize a higher fee. The absence of s......
  • Request a trial to view additional results

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