Opinion
No. 85-559.
October 29, 1985.
Appeal from the Circuit Court, Dade County, John Gale, J.
Fowler, White, Burnett, Hurley, Banick Strickroot and Michael A. Mullen, Miami, for appellant.
Gerald E. Rosser, Miami, for appellee.
Before HENDRY, NESBITT and FERGUSON, JJ.
Maria Sanchez appeals from an order on notice of attorney's charging lien awarding appellee Herb Friesner $4,500. We agree with appellant that appellee is entitled to the value, in quantum meruit, of his services as limited by the contingency fee contract between the parties. Appellee Friesner obtained a settlement offer of $7,500 for appellant before withdrawing as her attorney. In accordance with the terms of the contingency fee contract, then, appellee is entitled to 40 percent of $7,500, or $3,000, which is the most he would have received if appellant had taken his advice and settled at that amount. Sinclair, Louis, Siegel, Heath, Nussbaum Zavertnik, P.A. v. Baucom, 428 So.2d 1383 (Fla. 1983); Rosenberg v. Levin, 409 So.2d 1016 (Fla. 1982); Kopplow Flynn, P.A. v. Trudell, 445 So.2d 1065 (Fla.3d DCA), rev. denied, 453 So.2d 44 (Fla. 1984).
Affirmed as modified.