Prescription Partners, LLC v. State, Department of Financial Services

2 Citing cases

  1. Frank v. AGA Enters.

    17-CV-61373-SMITH/VALLE (S.D. Fla. May. 17, 2021)   Cited 1 times

    To support its argument, the Gonzalez firm relies on Florida cases holding that “an assignment transfers to the assignee only the interest and rights of the assignor” and “conveys no greater right than the assignor [i.e., Celebration] had at the time of the assignment.” Id. at 3 (citing Allen v. Helms, 293 So.3d 572, 580 (Fla. 1st DCA 2020) (citing Prescription Partners, LLC v. State, Dep't of Fin. Servs., 109 So.3d 1218 (Fla. 1st DCA 2013); Union Indemnity Co. v. City of New Smyrna, 130 So. 453 (Fla. 1930)). A copy of the Retainer Agreement is attached to the Gonzalez firm's Response to the Franks' Motion for Summary Judgment.

  2. Allen v. Helms

    293 So. 3d 572 (Fla. Dist. Ct. App. 2020)   Cited 3 times
    In Allen, the insurer had advanced attorney's fees and had subrogated into defendant's statutory right under Fla. Stat. § 768.79 (Florida's offer of judgment statute) to recover fees when the net judgment to plaintiff was less than the prior settlement proposal.

    [I]t is black letter law that an assignment transfers to the assignee only the interest and rights of the assignor in and to the thing assigned, and the assignee stands in the shoes of the assignor. Prescription Partners, LLC v. State , [Dep't of Fin. Servs. ], 109 So. 3d 1218 (Fla. 1st DCA 2013). The court continued: "An assignment conveys no greater right than the assignor had at the time of the assignment.