State ex rel. Branch v. DuVal

CARROLL, Judge.

This is an original proceeding in mandamus. On consideration of the pleadings, briefs and argument we hold the relator is entitled to judgment in mandamus and to the issuance of a peremptory writ of mandamus.

It is disclosed that Comer W. Branch, Jr., during his lifetime, filed an action for damages for personal injuries in the circuit court of Dade County, acting through Fred A. Jones, Jr. as his attorney, with whom he had entered into a contingent fee contract whereby a fee of the attorney was to be dependent upon recovery, and was to be a percentage of the amount recovered by…