Ross Adams VTN, Inc. v. Durandal

District Court of Appeal of Florida

Ross Adams VTN, Inc. v. Durandal

509 So. 2d 1207, 12 Fla. L. Weekly 1594, 1987 Fla. App. LEXIS 9454

District Court of Appeal of Florida·Decided June 30, 1987·No. No. BO-404·Published·Cited by 1 cases

Opinion

BARFIELD, Judge.

Following his withdrawal as counsel, the claimant’s attorney independently pursued a claim for attorney’s fees under section 440.34, Florida Statutes. The claim was based on the services rendered and the workers’ compensation benefits obtained [1208] before the termination of the attorney-client relationship. We agree with the deputy’s finding that an attorney has independent standing in a workers’ compensation case to bring a claim for attorney’s fees for services undertaken before the attorney withdrew or otherwise ended employment with the claimant. The attorney would also be entitled to recover fees for his efforts in prosecuting such a claim. Crittenden Orange Blossom Fruit v. Stone, 492 So.2d 1106 (Fla. 1st DCA 1986) (en banc); Davis v. Keeto, Inc., 463 So.2d 368 (Fla. 1st DCA), petition for review denied, 475 So.2d 695 (Fla.1985).

Accordingly, the deputy’s order awarding attorney’s fees is AFFIRMED.

MILLS and WENTWORTH, JJ., concur.

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BARFIELD, Judge.

Following his withdrawal as counsel, the claimant’s attorney independently pursued a claim for attorney’s fees under section 440.34, Florida Statutes. The claim was based on the services rendered and the workers’ compensation benefits obtained [1208] before the termination of the attorney-client relationship. We agree with the deputy’s finding that an attorney has independent standing in a workers’ compensation case to bring a claim for attorney’s fees for services undertaken before the attorney withdrew or otherwise ended employment with the claimant. The attorney would also be entitled to recover fees for his efforts in prosecuting such a claim. Crittenden Orange Blossom Fruit v. Stone, 492 So.2d 1106 (Fla. 1st DCA 1986) (en banc); Davis v. Keeto, Inc., 463 So.2d 368 (Fla. 1st DCA), petition for review denied, 475 So.2d 695 (Fla.1985).

Accordingly, the deputy’s order awarding attorney’s fees is AFFIRMED.

MILLS and WENTWORTH, JJ., concur.

Ross Adams VTN, Inc. v. Durandal, 509 So. 2d 1207, 12 Fla. L. Weekly 1594, 1987 Fla. App. LEXIS 9454 (Fla. Ct. App. 1987).

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Opinion

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