5D04-1685 Steinberg v.Becker

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1685

Case Date: 02/20/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 CHERYL K. STEINBERG N/K/A CHERYL KOPERSTYNSKI, Appellant, v. CHARLES T. BECKER, P.A. AND CHARLES T. BECKER, Appellees. ________________________________/ Opinion filed February 24, 2006 Appeal from the Circuit Court for Brevard County, Bruce W. Jacobus, Judge. Marc S. Steinberg of the Law Office of Marc S. Steinberg, P.A., Cocoa Beach, for Appellant. Mark S. Peters, of Eisenmenger, Berry & Peters, P.A., Viera, for Appellees. PALMER, J. Cheryl Steinberg appeals the final judgment entered on her claims for conversion and breach of contract arising out of a fee dispute with her former counsel, Charles T. Becker, P.A. Concluding that error was committed by the trial court with regard to the calculation of the amount of the judgment, we reverse on that issue. We affirm as to all other issues. Steinberg entered into a contingent fee agreement with Charles T. Becker, P.A., whereby she agreed to hire Attorney Becker to represent her against her car insurance company, Liberty Mutual Fire Insurance Company for damages arising out of an automobile accident. The parties' Authority to Represent Agreement provided that Case No. 5D04-1685

in the event that any claim or suit becomes necessary against an insurance company which has insured the client hereunder, and attorney fees are awarded pursuant to that claim or suit, the parties hereto agree that my attorneys shall receive as their attorney fees for any such claim the higher of the percentage herein set forth in paragraph 1(a) or the fees awarded by the Court. Paragraph 1(a) provided for a contingency fee in the amount of thirty-five percent with the added provision: "Extra for Appeal

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