IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
GEORGE QUINN,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D16-2145
DARDEN RESTAURANTS,
INC.,
Appellee.
_____________________________/
Opinion filed December 12, 2016.
An appeal from the Circuit Court for Alachua County.
Toby S. Monaco, Judge.
Stephen Biggie, Melbourne, for Appellant.
Anthony J. Hall and Kimberly J. Doud of Littler Mendelson, P.C., Orlando, for
Appellee.
PER CURIAM.
AFFIRMED.
BILBREY and KELSEY, JJ., CONCUR; MAKAR, J., SPECIALLY CONCURS
WITH OPINION.
MAKAR, J., specially concurring.
At oral argument, counsel seeking to enforce an attorney’s fees lien against
George Quinn said that the basis for fees was an oral contingency fee agreement
between his firm and Quinn. Even if the lien at issue was perfected in a
procedurally correct manner (which appears to be the case), the fact remains
that the oral contingency fee agreement would be of questionable
enforceability. Rule 4-1.5, Fla. R. of Prof. Resp. (2016) (contingency fee
agreements must be in writing); Chandris, S.A. v. Yanakakis, 668 So. 2d 180,
185–86 (Fla. 1995) (holding that contingency fee contract “must comply with
the rule governing contingent fees in order to be enforceable. . . . a contract that
fails to adhere to these requirements is against public policy and is not
enforceable”). As such, I concur in affirmance.
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