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Perris v. Estate of Peris6/28/2000
This case concerns the computation of attorney's fees in a wrongful death action. Eighteen-year-old Giovonni Perris was killed in an automobile accident. His father was the personal representative of the estate. On the two applicable insurance policies, the wrongful death case was settled for the total policy limits of $125,000. We affirm the trial court's order and remand for the trial court to determine the fees for the attorneys of both the mother and the father, who are divorced. This determination shall be consistent with the procedure set forth in In re Estate of Catapane, 25 Fla. L. Weekly D584 (Fla. 4th DCA Mar. 8, 2000). At oral argument we were informed that the mother and the father do not agree on how to apportion the damages between them. Extensive litigation on apportionment may well justify a larger fee to the mother's attorneys than if the apportionment issue were settled without extensive attorney involvement. See id.
STONE, POLEN and GROSS, JJ., concur.
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