Attorney Discharge Without Cause

14 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rosenberg v. Levin
  409 So. 2d 1016· Fla.· 1982-01-07 ·cited 179×
  The Florida Supreme Court held that an attorney discharged without cause is entitled to recover the reasonable value of services performed (quantum meruit), but recovery is capped at the maximum fee specified in the employment contract. This decision balances the client's right t
• Searcy v. Paige N. Poletz
  652 So. 2d 366· Fla.· 1995-03-16 ·cited 69×
  The Florida Supreme Court resolved a conflict among appellate courts regarding how to calculate quantum meruit recovery for an attorney discharged without cause before case completion. The Court held that the Rowe "lodestar" method, designed for fee-shifting awards to non-clients
• Milton Kelner, P.A. v. 610 Lincoln Rd., Inc.
  328 So. 2d 193· Fla.· 1976-02-11 ·cited 35×
  The Florida Supreme Court held that an attorney discharged without cause under a contingency fee contract is entitled to recover under the contract terms rather than being limited to quantum meruit recovery, at least where the attorney has fully obtained the proceeds specified in
• Jones & Granger v. Basil Johnson, Jr.
  788 So. 2d 381· Fla. 1st DCA· 2001-06-21 ·cited 19×
  Jones & Granger appeals a trial court's award of attorney's fees under a charging lien filed after the firm was discharged by its client without cause during a FELA settlement. The court awarded quantum meruit compensation of $7,500 rather than a proportional share of the conting
• Franklin & Marbin, P.A. v. Mascola
  711 So. 2d 46· Fla. 4th DCA· 1998-03-18 ·cited 16×
  A law firm appeals the trial court's reduction of its hourly-rate fee agreement with a discharged client in a paternity case from $19,561 to $6,800. The court holds that absent a determination that the fee is illegal, prohibited, or clearly excessive under Florida Bar rules, the
• Rosenthal, Levy & Simon, P.A. v. Scott
  17 So. 3d 872· Fla. 1st DCA· 2009-09-14 ·cited 14×
  A law firm discharged before settlement sought recovery of fees based on a quantum meruit charging lien for services rendered in a workers' compensation case. The court held that the 2003 statutory reforms to Florida's workers' compensation fee statute did not implicitly eliminat
• Arabia v. Siedlecki
  789 So. 2d 380· Fla. 4th DCA· 2001-03-28 ·cited 14×
  A Florida appellate court reversed a trial court's award of $1,000,000 in attorney's fees to a law firm that represented a client on a contingency basis, holding that the fee must be limited to 25% of the actual settlement amount ($3,750,000), reduced by reasonable appellate fees
• 610 Lincoln Rd., Inc. v. Milton Kelner, P.A.
  289 So. 2d 12· Fla. 3d DCA· 1974-01-29 ·cited 14×
  A jewelry store owner hired an attorney on a 40% contingent fee agreement to recover insurance proceeds from Lloyd's. After the attorney successfully recovered the full policy amount, the owner discharged the attorney without cause and refused to pay the agreed percentage fee. Th
• Afrazeh v. Miami Elevator Co. OF Am.
  769 So. 2d 399· Fla. 3d DCA· 2000-08-09 ·cited 12×
  Amir Afrazeh appealed an order awarding attorney's fees to two of his former attorneys following an elevator accident settlement. The court affirmed the fee award to Klemick but reversed and reduced the fee award to Smyler due to lack of evidence and professional conduct violatio
• Barwick, Dillian & Lambert, P.A. v. Carey L. Ewing
  646 So. 2d 776· Fla. 3d DCA· 1994-11-23 ·cited 8×
  The Barwick firm appeals a judgment awarding contingent fee shares to referring attorney Gregory and associate attorney Ewing in a medical malpractice case. The court affirms Ewing's right to her earned share but reverses Gregory's recovery, applying the Rosenberg rule that attor
• Manicia Chatman v. London
  579 So. 2d 305· Fla. 2d DCA· 1991-05-08 ·cited 6×
  An attorney discharged without cause is entitled to the reasonable value of services on a quantum meruit basis, not exceeding the contract amount.
• Frank J. Pepper, Inc. v. Vining
  783 So. 2d 1160· Fla. 3d DCA· 2001-04-18 ·cited 5×
  An attorney (Vining) sued his former client (Pepper) for unpaid legal fees rendered without a written contract. The trial court awarded $17,000 based on quantum meruit/unjust enrichment, but the appellate court reversed the amount to $11,000, finding the trial court properly stru
• Snyderburn v. Honorable John D. Moxley
  652 So. 2d 945· Fla. 5th DCA· 1995-03-31 ·cited 3×
  In this second appeal of an attorney fee dispute, the Fifth District Court of Appeal clarified that a trial court must enforce a contingent fee agreement without recourse to quantum meruit principles, rejecting opposing counsel's repeated attempts to characterize the fee determin
• Life Care Ctrs. OF Am., Inc. v. Lawton Chiles
  674 So. 2d 873· Fla. 1st DCA· 1996-05-29
  Life Care Centers of America discharged an attorney under a contingent fee contract for a class action suit after the client received no recovery in that suit. The trial court awarded the attorney a $75,000 quantum meruit fee based on 383 hours of work. The appellate court revers