MARIA SANCHEZ, APPELLANT,
v.
HERB FRIESNER, APPELLEE

Fla. 3d DCA | 1985-10-29
No. 85-559
Before HENDRY, NESBITT and FERGUSON, JJ.
477 So. 2d 66 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

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.


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  • Faro v. Romani, 629 So. 2d 872 (Fla. 4th DCA 1993)
    …nce in the record supporting a trial court conclusion that there was justification and good cause for counsel’s withdrawing and recovering a fee for his services. See The Florida Bar v. Hollander, 607 So .2d 412, 415 (Fla.1992); Sanchez v. Friesner, 477 So. 2d 66 (Fla. 3d DCA 1985). See also Borup v. National Airlines, Inc., 159 F.Supp. 808 (S.D.N.Y.1958). If there is liability on this basis, we should treat the question of damages as we would one for fees claimed as a result of a discharge of counsel withou…
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  • State v. Ward, 502 So. 2d 1245 (Fla. 1987)
    …ourt of Appeal has certified the following question as one of great public importance: IS A NEW TRIAL REQUIRED WHEN THE TRIAL COURT’S FAILURE TO CONDUCT A RICHARDSON INQUIRY IS, IN THE OPINION OF THE REVIEWING COURT, HARMLESS ERROR? Ward v. State, 477 So. 2d 66, 67 (Fla. 3d DCA 1985). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We recently answered the identical question in the affirmative in Smith v. State, 500 So. 2d 125 (Fla.1986). Accordingly, we approve the deci…
  • Lucie Raphael v. State, 574 So. 2d 329 (Fla. 3d DCA 1991)
    …trial court erred in excluding the defense witnesses without conducting a Richardson inquiry. Richardson v. State, 246 So. 2d 771 (Fla.1971); Smith v. State, 372 So. 2d 86 (Fla.1979); S.G. v. State, 518 So. 2d 964 (Fla. 3d DCA 1988); Ward v. State, 477 So. 2d 66 (Fla. 3d DCA 1985), approved, 502 So. 2d 1245 (Fla.1987). We therefore reverse the convictions and sentences and remand for a new trial. Reversed and remanded.…

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