WORLD SERVICE LIFE INSURANCE COMPANY, PETITIONER,
v.
ELEANOR V. BODIFORD, ETC., RESPONDENT
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The court held that the attorney's fee percentage is determined by the principal coverage plus interest, not including statutory attorney's fees.
The case involves a dispute over the calculation of an attorney's fee under a contingent-fee contract made before 1985. The attorney argued for a fee …
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McDonald, justice.
We granted review of Bodiford v. World Service Life Insurance Company, 524 So. 2d 701 (Fla. 1st DCA 1988), because of conflict with Miami Children’s Hospital v. Tamayo, 529 So. 2d 667 (Fla.1988). The issue is whether Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985), wherein we stated “in no case should the court-awarded fee exceed the fee agreement reached by the attorney and his client,” is applicable to contingent-fee contracts made prior to 1985. In Tamayo we held that Rowe is applicable to such contracts.
Bodiford’s counsel recognizes our holding in Tamayo, but argues that the trial judge miscalculated his fee under his contingent-fee contract by claiming that the attorney’s fee percentage should be based on the amount of the insurance, plus interest and plus the award of attorney’s fees. We reject this argument. Counsel’s percentage fee is determined by the amount of principal coverage, plus interest. He is not entitled to add statutory attorney’s fees to the principal and claim a percentage of this total.
The decision of the first district reversing the trial judge is therefore quashed. The cause is remanded with directions to approve the final judgment entered in this cause.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Orlando Reg'l Med. Ctr., Inc. v. Boleslaus J. Chmielewski, 573 So. 2d 876 (Fla. 5th DCA 1990)…pinion remain applicable in this category.... We thus conclude that under Rowe and Quanstrom, in this medical malpractice case cross-appellants are limited to recovering 45 percent of their gross award. World Service Life Insurance Co. v. Bodiford, 537 So. 2d 1381 (Fla.1989); Miami Children’s Hospital v. Tamayo, 529 So. 2d 667 (Fla.1988); North Shore Medical Center, Inc. v. Kennedy, 554 So. 2d 8 (Fla. 3d DCA 1989), rev. denied, 563 So. 2d 632 (Fla.1990). See also Perez-Borroto v. Brea, 544 So. 2d 1022 (Fla.19…
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A.G. Edwards & Sons, Inc. v. Davis, 559 So. 2d 235 (Fla. 2d DCA 1990)…client sets the maximum amount of fees the attorney may be awarded_ Under a contingency fee agreement ... the fee is calculated on the basis of the specified percent of recovery. (Citation omitted.) See also World Service Life Ins. Co. v. Bodiford, 537 So. 2d 1381 (Fla.1989) (“Counsel’s percentage fee is determined by the amount of principal coverage, plus interest. He is not entitled to add statutory attorney’s fees to the principal and claim a percentage of this total.”) The $29,520 in attorney’s fees award…
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Olmsted v. Emmanuel, 783 So. 2d 1122 (Fla. 1st DCA 2001)…Because the contract here was executed in Florida, and appellees are members of The Florida Bar, we conclude that its validity is governed by Florida law. Olmsted argues that this issue is controlled by World Service Life Insurance Co. v. Bodiford, 537 So. 2d 1381 (Fla.1989), where the court appears to have held that an attorney was not entitled, pursuant to a contingent fee contract, to a percentage of the statutory attorneys’ fee recovered. [*1129] We are unable to agree that World Service is controlling. T…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Miami Child's. Hosp. v. Ulises Tamayo, 529 So. 2d 667 (Fla. 1988)
- Eleanor v. Bodiford, 524 So. 2d 701 (Fla. 1st DCA 1988)