King v. Nelson
| Decision Date | 29 September 1978 |
| Docket Number | No. 77-1352,77-1352 |
| Citation | 362 So.2d 727 |
| Parties | Ronald KING, Appellant, v. Larry Winfred NELSON, Joan Scott Nelson and Sentry Insurance, a Mutual Corporation, Appellees. |
| Court | Florida District Court of Appeals |
Peyton T. Jordan, Jr., Tampa, for appellant.
Rick B. Levinson, of Levine, Freedman, Hirsch & Levinson, Tampa, for appellees.
This appeal arises out of a dispute as to attorney fees payable to plaintiff King's attorneys under a contingent fee contract. The lower court entered its order determining that the contingent fee contract was a valid and binding contract and that the attorneys were entitled to 40% Of any settlement or recovery. The ultimate recovery was the amount of $9,000, 40% Of which the lower court awarded as attorney fees. This order is the order on appeal. We affirm in part and reverse in part.
The lower court correctly found that the contingent fee contract was valid and binding. In order to determine whether or not the ultimate amount of $9,000 was the correct amount upon which to base the fee, we must set forth the facts.
Mr. King's attorneys negotiated a settlement of $8,000. Mr. King, as well as his parents, accepted the $8,000 settlement, but prior to the disbursement of the funds Mr. King consulted with another attorney. At this point there arose a dispute as to the disbursement of the funds and the first attorneys filed a motion for disbursement of funds. After the filing of said motion Mr. King informed his first attorneys that he was discharging them without cause.
The first attorneys then filed a motion to withdraw as counsel for Mr. King and for a charging lien for their fees. The court entered its order granting the first attorneys the right to withdraw and a charging lien for the fees to the extent of either 40% Of the first $8,000 derived in settlement or trial or the reasonable value of services performed by the said attorneys, such value to be determined by the court at a future proceeding.
Mr. King's second attorney then filed a motion to determine the amount of the charging lien. Approximately twelve days after filing said motion the second attorney filed an amended motion, at which time he challenged the validity of the contingent fee contract. Thereafter the court entered the order appealed.
As to the amount of the attorney fees, the second attorney takes the position that the first attorneys were only entitled to a reasonable fee based on Quantum meruit and relies...
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