WEISBARD v. WARD AND CAGGIANO

No. 99-0253.

738 So.2d 1024 (1999)

Marshall WEISBARD and Denise Weisbard, Appellants, v. WARD AND CAGGIANO, P.A., Walter C. Ward, and Anthony J. Caggiano, Appellees.

District Court of Appeal of Florida, Fourth District.

August 18, 1999.


Attorney(s) appearing for the Case

Steven N. Lippman of Kipnis Tescher Lippman & Valinsky, Fort Lauderdale, for appellants.

William Zei of Peterson, Bernard, Vandenberg, Zei, Geisler & Martin, Fort Lauderdale, for appellees.


STONE, J.

We reverse the final summary judgment. Appellees have failed to show the absence of any genuine issue of material fact as to the question of whether there was an undisclosed agreement, between Appellees and the referring attorney, to pay a referral fee out of their contingency fee. Without commenting on the weight of the proof, there is evidence in support of Appellants' claim. With regard to further proceedings after remand, we direct the trial court's...

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