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Rosenberg v. Levin

Supreme Court of Florida
409 So.2d 1016 (1982)


Facts

Levin (defendant) hired the firm of Rosenberg and Pomerantz (Rosenberg) (plaintiff). The contract provided for a $10,000 fixed fee, plus a contingency fee equal to fifty percent of the recovery. Levin discharged Rosenberg without cause, hired a new attorney, and settled for $500,000. Rosenberg sued to recover fees for services rendered in quantum meruit. The trial court awarded Rosenberg $55,000 on the basis of quantum meruit. The court of appeals affirmed the trial court’s decision that quantum meruit was the appropriate basis for recovery, but stated that the award cannot exceed the maximum fee set in the contract. Consequently, the court of appeals lowered the award to $10,000. Rosenberg appealed.  

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Overton, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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