Ware v. E. Louis Fields, P.A.

District Court of Appeal of Florida

Ware v. E. Louis Fields, P.A.

477 So. 2d 667, 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16618

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1985

DocketNo. 84-1522

StatusPublished

Cited by1 cases

This text of 477 So. 2d 667 (Ware v. E. Louis Fields, P.A.) 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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Ware v. E. Louis Fields, P.A., 477 So. 2d 667, 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16618 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

Appellee Fields is a lawyer who filed a multi-count personal injury complaint on behalf of appellant Ware pursuant to the parties’ contingency fee employment contract. The complaint included a declaratory judgment count which sought coverage under the uninsured motorist provision of Ware’s policy. Ware prevailed on this count in the trial and appellate courts and was awarded $31,000 as reasonable attorney’s fees. The parties then disagreed on how this money was to be allocated and Ware fired his lawyer, Fields. Fields then filed a claim of lien in the personal injury suit, and a hearing was held on Ware’s motion to determine fees and motion to dissolve the claim of lien. The trial court determined that the $31,000 awarded as attorney’s fees belonged to Fields and retained jurisdiction to determine further attorney’s fees for Fields from any amount Ware obtained in the remaining counts.

We agree that the $31,000 specifically designated as attorney’s fees belongs to appellee Fields and should be credited against the total amount of fees which the trial court determines is due in the lawsuit.

DOWNEY, ANSTEAD and BARKETT, JJ., concur.

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PER CURIAM.

Appellee Fields is a lawyer who filed a multi-count personal injury complaint on behalf of appellant Ware pursuant to the parties’ contingency fee employment contract. The complaint included a declaratory judgment count which sought coverage under the uninsured motorist provision of Ware’s policy. Ware prevailed on this count in the trial and appellate courts and was awarded $31,000 as reasonable attorney’s fees. The parties then disagreed on how this money was to be allocated and Ware fired his lawyer, Fields. Fields then filed a claim of lien in the personal injury suit, and a hearing was held on Ware’s motion to determine fees and motion to dissolve the claim of lien. The trial court determined that the $31,000 awarded as attorney’s fees belonged to Fields and retained jurisdiction to determine further attorney’s fees for Fields from any amount Ware obtained in the remaining counts.

We agree that the $31,000 specifically designated as attorney’s fees belongs to appellee Fields and should be credited against the total amount of fees which the trial court determines is due in the lawsuit.

DOWNEY, ANSTEAD and BARKETT, JJ., concur.

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Bluebook (online)

477 So. 2d 667, 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-e-louis-fields-pa-fladistctapp-1985.

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