Berger v. Brooks

COPE, Judge.

Michael L. Berger appeals an order entered by the probate division of the circuit court which declared unconstitutional section 733.6171,Florida Statutes (1993), and denied a petition for attorney’s fees. We reverse.

Appellant Berger is an attorney who entered into a contract to represent the ap-pellee, Charles E. Brooks, Personal Representative of the Estate of Helen Brooks, deceased. Under the contract, the agreed fee was $1,000 plus out-of-pocket costs. Berger’s verified petition contends that the personal representative has repudiated the contract. Berger thus contends that he…