DADE COUNTY SCHOOL BD. v. INGRAHAM

No. 82-542.

428 So.2d 283 (1983)

DADE COUNTY SCHOOL BOARD, Appellant, v. Bernadette INGRAHAM, a Minor, by and through Her Father and Next Friend, Bernard Ingraham, and Bernard Ingraham and Laverne Ingraham, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 5, 1983.


Attorney(s) appearing for the Case

Frank A. Howard, Jr., Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs, Jackson L. Peters and Jeanne Heyward, Miami, for appellant.

Joe N. Unger and Robert M. Sussman, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


NESBITT, Judge.

The issue presented by this appeal is whether the twenty-five per cent statutory limitation on attorney's fees provided in Section 768.28(8), Florida Statutes (1977) is applicable only to the uninsured gross recovery permitted under Section 768.28(5), Florida Statutes (1977).

A personal injury action on behalf of the minor child resulted in a structured settlement of $1,000,000. That amount was allowable to the plaintiff as the result of two...

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