Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance
Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance
351 So. 2d 1136; 1977 Fla. App. LEXIS 16927
(Southern Reporter, Second Series)
Fox, George, Loeffler & Downey, P.A. v. Utica Mutual Insurance
Opinion of the Court
The Honorable John S. Andrews, Circuit Judge of the Sixth Judicial Circuit, has certified the following two questions to this court.
1. MAY AN ATTORNEY BRING AN INDEPENDENT ACTION FOR PAYMENT OF HIS FEES AGAINST AN ADVERSE PARTY IN A PRIOR ACTION WHO HAS MADE SETTLEMENT WITH THE ATTORNEY’S CLIENT, WITHOUT THE KNOWLEDGE AND CONSENT OF THE ATTORNEY, BUT AFTER THE CLIENT HAS DISCHARGED THE ATTORNEY?
2. IF THE ANSWER TO QUESTION NUMBER 1 IS IN THE AFFIRMATIVE, MAY SUCH AN INDEPENDENT ACTION BE MAINTAINED IN THE ABSENCE OF AN ALLEGATION OF COLLUSION BETWEEN THE ATTORNEY’S CLIENT AND THE ADVERSE PARTY?
Case-law data current through December 31, 2025. Source: CourtListener bulk data.