Sanchez v. Friesner, 85-559

• Decision Date: 29 October 1985
• Docket Number: No. 85-559,85-559
• Citation: 10 Fla. L. Weekly 2441,477 So.2d 66
• Parties: 10 Fla. L. Weekly 2441 Maria SANCHEZ, Appellant, v. Herb FRIESNER, Appellee.
• Court: Florida District Court of Appeals

Page 66

477 So.2d 66

10 Fla. L. Weekly 2441

Maria SANCHEZ, Appellant, v. Herb FRIESNER, Appellee.

No. 85-559.

District Court of Appeal of Florida, Third District.

Oct. 29, 1985.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael A. Mullen, Miami, for appellant.

Gerald E. Rosser, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

PER CURIAM.

Maria Sanchez appeals from an order on notice of attorney's charging lien awarding appellee Herb Friesner $4,500. We agree with appellant that appellee is entitled to the value, in quantum meruit, of his services as limited by the contingency fee contract between the parties. Appellee Friesner obtained a settlement offer of $7,500 for appellant before withdrawing as her attorney. In accordance with the terms of the contingency fee contract, then, appellee is entitled to 40 percent of $7,500, or $3,000, which is the most he would have received if appellant had taken his advice and settled at that amount. Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383 (Fla.1983); Rosenberg v. Levin, 409 So.2d 1016 (Fla.1982); Kopplow & Flynn, P.A. v. Trudell, 445 So.2d 1065 (Fla.3d DCA), rev. denied, 453 So.2d 44 (Fla.1984).

Affirmed as modified.