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LUBELL v. MARTINEZ

No. 3D04-1764.

901 So.2d 951 (2005)

Steven L. LUBELL, Appellant, v. Rosario MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

May 4, 2005.

Attorney(s) appearing for the Case

Lubell & Rosen, and Steven L. Lubell, North Miami Beach, for appellant.

Rosario Martinez, in proper person.

Before GERSTEN, SHEPHERD and SUAREZ, JJ.

GERSTEN, J.

Steven Lubell ("Lubell") appeals the trial court's order awarding attorney's fees. We reverse.

The appellee, Rosario Martinez ("Martinez"), hired Peter Capua ("Capua") to represent her in a slip and fall case. After rejecting the defendant's initial $25,000 offer of settlement, Martinez discharged Capua as her attorney. Martinez then hired Lubell on a contingency fee basis, agreeing to pay him forty percent of the recovery. Lubell explained to...

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