Schwanebeck v. Calzado

524 So. 2d 478, 13 Fla. L. Weekly 1069, 1988 Fla. App. LEXIS 1755, 1988 WL 40517

Opinion

PER CURIAM.

The attorney appellee, Glassford, who had been retained under a contingency fee contract, effected a $50,000 settlement of his clients’ personal injury action only after he had been discharged and replaced by another lawyer. The trial judge was therefore in error in awarding him a $10,000 fee based upon the occurrence of the contingency.¹ Instead, pursuant to Rosenberg v. Levin, 409 So.2d 1016 (Fla.1982), Glassford was entitled only to a quantum meruit recovery for the services he rendered prior to discharge. The undisputed evidence below was that that fee amounted to $1,150. Upon remand the fee shall be reduced to that amount.

Reversed and remanded with directions.

1

. In effect, the $20,000 fee, which was 40% of the recovery, was split between Glassford and his successor.