MERCY HOSPITAL, INC. v. JOHNSON

No. 80-138.

390 So.2d 103 (1980)

MERCY HOSPITAL, INC., Appellant, v. Wyatt JOHNSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 8, 1980.


Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and Aubrey V. Kendall and Jeffrey R. Surlas, Miami, for appellant.

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

We reverse the trial court's judgment in favor of Johnson, an attorney from whom Mercy Hospital, Inc., his client, sought to recover alleged overpayments of attorney's fees. We hold that where, as here, the attorney's fees received by Johnson were paid pursuant to purported agreements between him and Mercy entered into well after the attorney-client relationship had been established, it was Johnson's burden, which he failed to meet, to show...

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