BERGER v. BROOKS

No. 94-1044.

657 So.2d 1281 (1995)

Michael L. BERGER, J.D., LL.M., P.A., Appellant, v. Charles E. BROOKS, Individually and as Personal Representative of the Estate of Helen L. Brooks, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

July 26, 1995.


Attorney(s) appearing for the Case

Michael L. Berger, Miami, for appellant.

No appearance, for appellee.

Before NESBITT, COPE and GREEN, JJ.


COPE, Judge.

Michael L. Berger appeals an order entered by the probate division of the circuit court which declared unconstitutional section 733.6171, Florida Statutes (1993), and denied a petition for attorney's fees. We reverse.

Appellant Berger is an attorney who entered into a contract to represent the appellee, Charles E. Brooks, Personal Representative of the Estate of Helen Brooks, deceased. Under the contract, the agreed fee was $1,000 plus out-of...

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