Florida District Courts of Appeal, 1989

Sun Bank of Ocala v. Ford

Florida District Courts of Appeal · Decided December 7, 1989 · No. 89-507 · Dauksch, Miller, Sharp

553 So. 2d 368; 14 Fla. L. Weekly 2820; 1989 Fla. App. LEXIS 6841; 1989 WL 147387 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Sun Bank of Ocala v. Ford (Fla. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from an award of attorneys fees.

The issue in this case is the same as that in Head v. Lane, 541 So.2d 672 (Fla. 4th DCA 1989). That is, can an attorney and his client enter into a partial contingent fee agreement and then have the court assess a “contingency risk factor” against their losing adversary. See Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).

We agree with the holding and rationale of Head and certify conflict with First State Insurance Co. v. General Electric Credit Auto Lease, Inc., 518 So.2d 927 (Fla. 3d DCA 1987).

*369The order denying an enhancement of attorneys fees is affirmed.

AFFIRMED.

SHARP, J., and MILLER, J.D., Associate Judge, concur.

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