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SCHWANEBECK v. CALZADO

No. 87-2851.

524 So.2d 478 (1988)

Beverly Ann SCHWANEBECK, et al., Appellants, v. Argimiro Eric CALZADO, et al., Appellees.

District Court of Appeal of Florida, Third District.

May 3, 1988.

Attorney(s) appearing for the Case

Stinson, Lyons, Gerlin & Bustamante and Douglas Lyons, Miami, for appellants.

Glassford & Glassford and K. Neil Glassford, South Miami, for appellees.

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

PER CURIAM.

The attorney appellee, Glassford, who had been retained under a contingency fee contract, effected a $50,000 settlement of his clients' personal injury action only after he had been discharged and replaced by another lawyer. The trial judge was therefore in error in awarding him a $10,000 fee based upon the occurrence of the contingency.1 Instead, pursuant to Rosenberg v. Levin, 409 So.2d 1016

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