TILEUS CHARLES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERTA CHARLES, DECEASED, APPELLANT,
v.
KLEMICK AND GAMPEL, P.A., APPELLEE
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The court reversed an award of attorney's fees to Klemick and Gampel because the contingency fee agreement was signed by a person without authority and a minor lacking contractual capacity, and the firm failed to seek alternative relief.
A contingency fee agreement signed by an unauthorized person and a minor is unenforceable, and absent a claim for alternative relief, the attorney cannot recover fees under that agreement.
[1] A contingency fee agreement is unenforceable when signed by a person without authority to bind the client and by a minor lacking contractual capacity.
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Join FLexlaw to unlock all legal intelligence“Klemick and Gampel's claim for fees was based on a contingency fee agreement signed by a person who had no authority to sign the agreement and by a minor, who lacks the capacity to enter into a contract”
Court explaining why the fee agreement was unenforceable
Klemick and Gampel sought attorney's fees based on a contingency fee agreement signed by a person without authority and a minor. The record showed tes…
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PER CURIAM.
We reverse the order awarding attorney’s fees.
Klemick and Gampel’s claim for fees was based on a contingency fee agreement signed by a person who had no authority to sign the agreement and by a minor, who lacks the capacity to enter into a contract, see Global Travel Marketing, Inc. v. Shea, 908 So. 2d 392, 402 (Fla.2005) (citing Lee v. Thompson 124 Fla. 494, 168 So. 848 (1936)); In re T.W., 551 So. 2d 1186, 1201 (Fla.1989) (Overton, J., concurring in part, dissenting in part). Klemick and Gampel failed to file a claim for alternative relief, and therefore, they are foreclosed from an award of attorney’s fees.
The record before this court does not contain a contingent fee agreement with attorney Zonas, but the transcript of the hearing contains testimony by Tileus Charles that he signed papers retaining Zonas. There appeared to be no dispute during oral argument that attorney Zonas had a contingent fee agreement with Charles.
Accordingly, we reverse the award of attorney’s fees and remand for the trial court to determine the amount of fees to which attorney Zonas is entitled pursuant to a valid agreement.
Reversed and remanded for further proceedings.
WHATLEY and STRINGER, JJ., and DAKAN, STEPHEN L, Associate Senior Judge, concur.
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Uatp Mgmt., LLC v. Barnes (Fla. 2d DCA 2021)…age or older . . . ."); Glob. Travel, 908 So. 2d at 402 ("[C]hildren, who normally are incompetent to contract, may be bound to the terms of contracts for necessary services such as medical treatment."); see, e.g., Charles v. Klemick & Gampel, P.A., 984 So. 2d 563, 563 (Fla. 2d DCA 2008) (reversing attorney's fees award based in part upon a "contingency fee agreement signed . . . by a minor, who lacks the capacity to enter into a contract"). Nor did Ms. Barnes sign the document. Rather, Ms. Barnes' friend, M…
Authorities Cited
- In re T.W., 551 So. 2d 1186 (Fla. 1989)
- Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005)
- Lee v. Thompson, 124 Fla. 494 (Fla. 1936)