Florida District Courts of Appeal, 1999

Weisbard v. Ward & Caggiano, P.A.

Weisbard v. Ward & Caggiano, P.A.
Florida District Courts of Appeal · Decided August 18, 1999 · Dell, Gross, Stone
738 So. 2d 1024; 1999 Fla. App. LEXIS 10998; 1999 WL 625558 (Southern Reporter, Second Series)

Weisbard v. Ward & Caggiano, P.A.

Opinion of the Court

STONE, J.

We reverse the final summary judgment. Appellees have failed to show the absence of any genuine issue of material fact as to the question of whether there was an undisclosed agreement, between Appellees and the referring attorney, to pay a referral fee out of their contingency fee. Without commenting on the weight of the proof, there is evidence in support of Appellants’ claim. With regard to further proceedings after remand, we direct the trial court’s attention to Chandris, S.A. v. Yanakakis, 668 So.2d 180 (Fla. 1995).

DELL and GROSS, JJ., concur.

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