JOHNSON & PANICO, P. A., A/K/A JOHNSON, PANICO, HUNKAPILLER, BAUM & SIMMERMON, P. A., AND JAMES P. PANICO, INDIVIDUALLY, APPELLANTS,
v.
BILLY JOE COUCH, APPELLEE

Fla. 4th DCA | 1977-09-13
No. 76-2545
ALDERMAN, C. J., and ANSTEAD, J., concur.
350 So. 2d 1080 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 2 cases
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Modification Of Judgment Contingency Fee Agreement

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

Appellants seek to have the Judgment of the trial court reversed after a non-jury trial. No transcript of the testimony was provided for our review. We have no alternative but to affirm. Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973). Rosenstein v. Raticoff, 265 So. 2d 387 (Fla. 4th DCA 1972).

The Judgment finds that “Count 8 [is] a contingency fee contract [and] said contingency has not occurred . . . ” In the judgment the court properly denies the Appellant any relief under Count 8 and includes the words “shall go hence without day.” These words should not be included since the Appellant would not be barred from bringing action should Appellee fail to pay a lawful indebtedness if the contingency does occur. The Judgment is hereby modified to delete the words “and shall go hence without day.”

AFFIRMED as modified.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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Cited By

  • Strauser v. State, 360 So. 2d 113 (Fla. 4th DCA 1978)
    …Sharp, 283 So. 2d 880 (Fla.4th DCA 1973); Johnson v. Eatonville, 203 So. 2d 664 (Fla.4th DCA 1967); Rosenstein v. Raticoff, 265 So. 2d 387 (Fla.4th DCA 1972); Schmotzer v. Poisson, 345 So. 2d 769 (Fla.4th DCA 1977); Johnson & Panico, P. A. v. Couch, 350 So. 2d 1080 (Fla.4th DCA 1977). Petition for Writ of Certiorari is DENIED. CROSS and MOORE, JJ., concur.…

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