Sanchez v. Friesner

District Court of Appeal of Florida

Sanchez v. Friesner

477 So. 2d 66, 10 Fla. L. Weekly 2441, 1985 Fla. App. LEXIS 16494

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1985

DocketNo. 85-559

StatusPublished

Cited by1 cases

This text of 477 So. 2d 66 (Sanchez v. Friesner) 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.

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Sanchez v. Friesner, 477 So. 2d 66, 10 Fla. L. Weekly 2441, 1985 Fla. App. LEXIS 16494 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Maria Sanchez appeals from an order on notice of attorney’s charging lien awarding appellee Herb Friesner $4,500. We agree with appellant that appellee is entitled to the value, in quantum meruit, of his services as limited by the contingency fee contract between the parties. Appellee Friesner obtained a settlement offer of $7,500 for appellant before withdrawing as her attorney. In accordance with the terms of the contingency fee contract, then, appellee is entitled to 40 percent of $7,500, or $3,000, which is the most he would have received if appellant had taken his advice and settled at that amount. Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383 (Fla.1983); Rosenberg v. Levin, 409 So.2d 1016 (Fla.1982); Kopplow & Flynn, P.A. v. Trudell, 445 So.2d 1065 (Fla.3d DCA), rev. denied, 453 So.2d 44 (Fla.1984).

Affirmed as modified.

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PER CURIAM.

Maria Sanchez appeals from an order on notice of attorney’s charging lien awarding appellee Herb Friesner $4,500. We agree with appellant that appellee is entitled to the value, in quantum meruit, of his services as limited by the contingency fee contract between the parties. Appellee Friesner obtained a settlement offer of $7,500 for appellant before withdrawing as her attorney. In accordance with the terms of the contingency fee contract, then, appellee is entitled to 40 percent of $7,500, or $3,000, which is the most he would have received if appellant had taken his advice and settled at that amount. Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383 (Fla.1983); Rosenberg v. Levin, 409 So.2d 1016 (Fla.1982); Kopplow & Flynn, P.A. v. Trudell, 445 So.2d 1065 (Fla.3d DCA), rev. denied, 453 So.2d 44 (Fla.1984).

Affirmed as modified.

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477 So. 2d 66, 10 Fla. L. Weekly 2441, 1985 Fla. App. LEXIS 16494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-friesner-fladistctapp-1985.

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