LAW OFFICES GOLDBERG v. FAZIO

No. 95-531.

659 So.2d 1200 (1995)

LAW OFFICES OF THEODORE GOLDBERG and Carlos and Peidad Pachon, Appellants, v. FAZIO, DAWSON, DiSALVO, CANNON, ABERS & PODRECCA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 27, 1995.


Attorney(s) appearing for the Case

Theodore M. Goldberg; Dittmar & Hauser and Helen Hauser, Coconut Grove, for appellants.

Fazio, Dawson, DiSalvo, Cannon, Abers & Podrecca and Adolfo Podrecca, Fort Lauderdale, for appellee.

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


SCHWARTZ, Chief Judge.

The plaintiffs in a personal injury case and their successor attorney appeal from a judgment awarding a forty percent contingency fee to their initial lawyer. We reverse.

It is apparent that the appellee was fired well prior to any "recovery" for the personal injury action — which was the basis of the contingency fee agreement — and that it was the new lawyer who effected the payment of the policy limits by the tortfeasors...

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