D & A EXCAVATING SERV., INC. v. J.I. CASE CO.

No. 88-3025.

555 So.2d 1256 (1989)

D & A EXCAVATING SERVICE, INC., Appellant/Cross-Appellee, v. J.I. CASE COMPANY, d/b/a Case Power & Equipment, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

On Rehearing February 7, 1990.


Attorney(s) appearing for the Case

J. Terence McManus of McManus, Wiitala & Contole, P.A., North Palm Beach, for appellant/cross-appellee.

I. Jeffrey Pheterson of Schmidt & Pheterson, Boca Raton, for appellee/cross-appellant.


GARRETT, Judge.

Appellant seeks review of the trial court's award of attorney's fees. Appellee cross appeals the same award.

The issue we address is whether Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), prohibits an award of attorney's fees in excess of the contingent fee agreement between the attorney and his client when "reasonable attorney...

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