DOCUMATION, INC., AND UTICA MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
LARRY D. PENCE, APPELLEE
PER CURIAM.
Affirmed. We note that claimant has included a petition for attorney’s fees in his answer brief. Although in this workers’ compensation case, we have found the points raised by appellant to be without merit, we deny the request for attorney’s fees because it was improperly filed. We have previously determined that Rule 9.400(b) of the Florida Rules of Appellate Procedure requires that a motion for attorney’s fees be filed separately. See Florida Dept. of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980); Wallace v. Walton Context Building, 383 So. 2d 729 (Fla. 1st DCA 1980); Munroe Memorial Hospital v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980).
McCORD, SHIVERS and JOANOS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jones & Granger v. Basil Johnson, Jr., 788 So. 2d 381 (Fla. 1st DCA 2001)…onths between the date of the first fee agreement and date of the settlement, Jones & Granger should have been awarded 75% of the total fee. We cannot agree. Jones & Granger has no claim against the contingent fee owed Hardman. See Adams v. Fisher, 390 So. 2d 1248 (Fla. 1st DCA 1980). In Adams, as here, the discharged counsel filed a charging lien against the proceeds of any settlement in the personal injury action in which he had represented the plaintiff. After subsequent counsel negotiated a settlement in…
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Rosenthal, Levy & Simon, P.A. v. Scott, 17 So. 3d 872 (Fla. 1st DCA 2009)…miting the amount of quantum meruit fees payable to a prior attorney is necessary to advance the goal of not penalizing a client for exercising his absolute right to discharge an attorney. See Rosenberg, 409 So. 2d at 1021; see also Adams v. Fisher, 390 So. 2d 1248, 1250 (Fla. 1st DCA 1980) (describing client’s right to discharge counsel as “absolute”). The right to discharge is of little value if the client must risk paying the full contract price for services which are not rendered. See Sohn, 371 So. 2d at 1…
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Melweb Signs, Inc. v. Wright, 394 So. 2d 475 (Fla. 1st DCA 1981)…urt has held that attorney’s fees must be requested by filing a separate motion. Florida Department of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980); Wallace v. Walton Context Building, 383 So. 2d 729 (Fla. 1st DCA 1980); Documation, Inc., 390 So. 2d 1248 (Fla. 1st DCA 1980). Accordingly, the application for attorney’s fee is DENIED. The order appealed from is AFFIRMED. McCORD and THOMPSON, JJ., concur.…
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- Munroe Mem'l Hosp. & All Risk Corp. of Fla. v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980)
- Fla. Dep't of Commerce v. Davies, 379 So. 2d 1313 (Fla. 1st DCA 1980)
- William v. Gruman, 379 So. 2d 1313 (Fla. 2d DCA 1980)
- Wallace v. Walton Context Bldg. & United States Fid. & Guar. Co., 383 So. 2d 729 (Fla. 1st DCA 1980)