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HANNON v. LUNGU

No. 81-1348.

426 So.2d 1019 (1983)

Samuel J. HANNON, Appellant, v. Gavril LUNGU and Alexandra Lungu, As Personal Representatives of the Estate of Maria Lungu, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 28, 1983.

Attorney(s) appearing for the Case

C.J. Van Delinder, Miami, for appellant.

Daniel A. Wick, Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

Appellant challenges the trial court's dismissal of his complaint for attorneys' fees and the grant of summary judgment upon the ground of res judicata. We reverse.

In an earlier appeal, this court reversed the trial court's award of a contingent fee, stating:

The executrix has appealed and urges error in the order on attorneys' fees. We find merit in this contention. The contract was for 40% of any recovery that Hannon made on claims...

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