MADSEN, SAPP, MENA v. PALM BEACH POLO

No. 4D03-3800.

899 So.2d 435 (2005)

MADSEN, SAPP, MENA, RODRIGUEZ & CO., P.A., Appellant, v. PALM BEACH POLO HOLDINGS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 6, 2005.


Attorney(s) appearing for the Case

John J. Shahady and Jack R. Reiter of Adorno & Yoss, P.A., Ft. Lauderdale, for appellant.

Craig T. Galle of Chapman & Galle, PLC, West Palm Beach, for appellee.


KLEIN, J.

Appellant Madsen did not prevail in this suit for payment for accounting and expert witness services rendered, and argues that the trial court erred in allowing parol evidence as to a cap on the fee. We reverse.

The written agreement provided that Madsen would provide consulting services and possibly expert testimony in regard to a lawsuit in which Palm Beach Polo was involved. The relevant part of the contract providing for payment stated:

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