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STATE FARM FIRE & CAS. CO. v. JOHNSON

No. 88-51.

547 So.2d 940 (1988)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. John JOHNSON, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Clarification August 24, 1989.

Attorney(s) appearing for the Case

Jack W. Shaw, Jr., P.A. and Francis J. Milon, of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellant.

Lane Burnett, Jacksonville and David R. Lewis, of Lewis, Paul, Isaac & Castillo, P.A., Jacksonville, for appellee.

THOMPSON, Judge.

State Farm Fire and Casualty Company (State Farm) appeals a final judgment awarding attorneys' fees and costs to appellee. We reverse.

Appellee entered into a one-third contingency fee contract with his attorneys, providing that if he was successful in his suit against State Farm they would receive as their fee one-third of any amount recovered by appellee. The maximum possible recovery, due to policy limits, was $40,000. Because appellee...

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