Weisbard v. Ward & Caggiano, P.A.

District Court of Appeal of Florida

Weisbard v. Ward & Caggiano, P.A.

738 So. 2d 1024, 1999 Fla. App. LEXIS 10998, 1999 WL 625558

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1999

DocketNo. 99-0253

StatusPublished

Cited by1 cases

This text of 738 So. 2d 1024 (Weisbard v. Ward & Caggiano, 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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Weisbard v. Ward & Caggiano, P.A., 738 So. 2d 1024, 1999 Fla. App. LEXIS 10998, 1999 WL 625558 (Fla. Ct. App. 1999).

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Opinion

STONE, J.

We reverse the final summary judgment. Appellees have failed to show the absence of any genuine issue of material fact as to the question of whether there was an undisclosed agreement, between Appellees and the referring attorney, to pay a referral fee out of their contingency fee. Without commenting on the weight of the proof, there is evidence in support of Appellants’ claim. With regard to further proceedings after remand, we direct the trial court’s attention to Chandris, S.A. v. Yanakakis, 668 So.2d 180 (Fla.1995).

DELL and GROSS, JJ., concur.

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STONE, J.

We reverse the final summary judgment. Appellees have failed to show the absence of any genuine issue of material fact as to the question of whether there was an undisclosed agreement, between Appellees and the referring attorney, to pay a referral fee out of their contingency fee. Without commenting on the weight of the proof, there is evidence in support of Appellants’ claim. With regard to further proceedings after remand, we direct the trial court’s attention to Chandris, S.A. v. Yanakakis, 668 So.2d 180 (Fla.1995).

DELL and GROSS, JJ., concur.

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738 So. 2d 1024, 1999 Fla. App. LEXIS 10998, 1999 WL 625558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weisbard-v-ward-caggiano-pa-fladistctapp-1999.

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