Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance
351 So. 2d 1136, 1977 Fla. App. LEXIS 16927
Opinion
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] Our 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).
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Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance, 351 So. 2d 1136, 1977 Fla. App. LEXIS 16927 (Fla. Ct. App. 1977).
351 So. 2d 1136 (Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State Farm Mutual Automobile Insurance Co. v. Ganz
119 So. 2d 319 (District Court of Appeal of Florida, 1960)
Miller v. Scobie
11 So. 2d 892 (Supreme Court of Florida, 1943)