JOSE SANTANA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• LAW Offs. OF Theodore Goldberg & Carlos & Peidad Pachon v. Fazio, 659 So. 2d 1200 (Fla. 3d DCA 1995)
  …eview denied, 453 So. 2d 44 (Fla.1984) is closely on point. See also Trend Coin Co. v. Fuller, Feingold and Mallah, P.A., 538 So. 2d 919 (Fla. 3d DCA 1989). Milton Kelner, P.A. v. 610 Lincoln Road, Inc., 328 So. 2d 193 (Fla.1976) and King v. Nelson, 362 So. 2d 727 (Fla. 2d DCA 1978), in both of which the specific contingency had already occurred before the discharge, are not. Hence, the appellee law firm is entitled only to a quantum meruit recovery which should be determined after remand considering the “tot…
• Harrington v. In re Est. OF George C. Batchelor, Steven Austin Carr, P.A., 924 So. 2d 861 (Fla. 3d DCA 2006)
  …s discharged after settlement of a claim because “[t]he contingency requirement had been met and the attorneys were entitled to rely upon the provisions of the written contingency fee contract to determine the amount of their fees”); King v. Nelson, 362 So. 2d 727, 728 (Fla. 2d DCA 1978)(af-firming a contingency fee award following settlement where the fee agreement provided for payment of counsel upon settlement or recovery); Town of Medley v. Kimball, 358 So. 2d 1145, 1147 (Fla. 3d DCA 1978)(confirming that…
• Esmat Zaklama, M.D. v. Mount Sinai Med. Ctr., Gardana & De La Puente, P.A., 906 F.2d 650 (11th Cir. 1990)
  …prior to discharge of the attorney entitles that attorney to his stated fees pursuant to the contingency fee contract as opposed to quantum meruit. See, e.g., Milton Kelner, P.A. v. 610 Lincoln Road, Inc., 328 So. 2d 193 (Fla.1976); King v. Nelson, 362 So. 2d 727 (Fla.Dist.Ct.App.1978); Town of Medley v. Kimball, 358 So. 2d 1145 (Fla.Dist.Ct.App.1978). Although the client may reject the proceeds obtained, thereby causing himself loss of interest, the attorney, who has obtained the contracted contingency, is…

Authorities Cited

• Clark v. State, 363 So. 2d 331 (Fla. 1978)