Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance

District Court of Appeal of Florida

Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance

351 So. 2d 1136, 1977 Fla. App. LEXIS 16927

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1977

DocketNo. 77-720

StatusPublished

This text of 351 So. 2d 1136 (Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance, 351 So. 2d 1136, 1977 Fla. App. LEXIS 16927 (Fla. Ct. App. 1977).

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Opinion

BOARDMAN, Chief Judge.

The Honorable John S. Andrews, Circuit Judge of the Sixth Judicial Circuit, has certified the following two questions to this court.

1. MAY AN ATTORNEY BRING AN INDEPENDENT ACTION FOR PAYMENT OF HIS FEES AGAINST AN ADVERSE PARTY IN A PRIOR ACTION WHO HAS MADE SETTLEMENT WITH THE ATTORNEY’S CLIENT, WITHOUT THE KNOWLEDGE AND CONSENT OF THE ATTORNEY, BUT AFTER THE CLIENT HAS DISCHARGED THE ATTORNEY?

2. IF THE ANSWER TO QUESTION NUMBER 1 IS IN THE AFFIRMATIVE, MAY SUCH AN INDEPENDENT ACTION BE MAINTAINED IN THE ABSENCE OF AN ALLEGATION OF COLLUSION BETWEEN THE ATTORNEY’S CLIENT AND THE ADVERSE PARTY?

[1137]*1137Our research reveals persuasive authority in Florida which would resolve the issues presented to us, and we therefore decline to answer the certified questions. See Fla.R.App.P. 4.6(a)(b). See Miller v. Scobie, 152 Fla. 328, 11 So.2d 892 (1943); State Farm Mutual Automobile Insurance Co. v. Ganz, 119 So.2d 319 (Fla.3d DCA 1960).

OTT, J., and McNULTY, JOSEPH P. (Ret.), Associate Judge, concur.

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