Harrington v. Perry

WYNN, Judge.

In 1978, the plaintiff and defendant executed a separation agreement which contained the following language:

Husband shall pay to wife one-fourth FA) of any net recovery to him after attorney’s fees from any monies received by him as a result of potential malpractice claims arising from the treatment of his leg.

Defendant’s medical malpractice claim was settled in April, 1988 for $50,000.00. From this settlement, defendant received $30,000.00 after payment of $20,000.00 in attorney’s fees. Following the defendant’s refusal to pay her under the above provision, plaintiff instituted…