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PADILLA v. SMITH

No. 20-13469.

53 F.4th 1303 (2022)

Carlos PADILLA, Plaintiff-Appellant, v. Vincenta Bonet SMITH, Bonet & Smith, PC Interested Parties-Appellees, Redmont Properties LLC, Redmont Properties EG LLC, Redmont Properties of Homewood LLC, Fred G. Nunnelly, III, RM Management, LLC, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: November 18, 2022.

Attorney(s) appearing for the Case

Jason Lamar Yearout, Sigfredo Rubio, Rubio Law Firm, PC, Birmingham, AL, for Plaintiff-Appellant.

Gordon L. Blair, David Lynn Warren, Jr., Ogletree Deakins Nash Smoak & Stewart, PC, Birmingham, AL, for Defendants-Appellees.

Vincenta Bonet Smith, Birmingham, AL, Pro Se.

James L. Spinks, Spinks Law Group, Birmingham, AL, for Interested Party-Appellee Bonet & Smith, PC.

Before Rosenbaum, Tjoflat, Circuit Judges, and Steele, District Judge.

The controversy in this case is rooted in the propriety of a lawyer charging a wage earner a contingent attorney's fee for prosecuting the wage earner's Fair Labor Standards Act ("FLSA") claims in a U.S. District Court. The wage earner paid the contingent fee and then sued his lawyer in

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