Michael S. Olin v. Execuflight, Inc.

── Michael S. Olin v. Execuflight, Inc. ── Court: District Court of Appeal of Florida Date: April 22, 2026 Category: General Third District Court of Appeal State of Florida Opinion filed April 22, 2026. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D24-1399; 3D24-1400; 3D24-1402 Lower Tribunal No. 16-19142-CA-01 ________________ Andrea Virgin, et al., Appellants, vs. Ana M. Frexes, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Podhurst Orseck, P.A., and Stephen F. Rosenthal, and Christina H. Martinez, for appellants. Zarco Einhorn Salkowski, P.A., and Robert Zarco and Brenda Phang; The Ferraro Law Firm, P.A., and Leslie B. Rothenberg, for appellee. Before FERNANDEZ, GORDO1 and GOODEN, JJ. 1 Did not participate in the oral argument.  GOODEN, J. This appeal examines the tension between a client’s right to discharge counsel and a referral attorney’s right to be paid under a signed representation agreement. To resolve this tension, we must determine two key issues: first, whether a client possesses the authority to discharge a referral attorney; and if so, the measure of compensation owed to the referral attorney should such a discharge occur. We reverse and remand for further proceedings consistent with this opinion. I. On November 10, 2015, PEBB Enterprises chartered an Execuflight plane for its employees. Tragically, the plane crashed into an apartment building while attempting to land in Akron, Ohio. Along with seven co- workers, Thomas Jay Virgin died. His widow, Appellant Andrea Virgin, turned to her aunt—attorney and Appellee Ana Frexes—to help navigate the legal landscape. But Frexes’ practice focuses on worker’s compensation. So Frexes referred her to Appellant Podhurst Orseck, P.A., which handles wrongful death and aviation accident claims and litigation. 2  After meeting with representatives from the firm, Virgin retained Podhurst to represent her on a contingency basis.2 Virgin, Podhurst, and Frexes all signed the representation agreement. 3 There is no dispute that this agreement complied with Rule Regulating the Florida Bar 4-1.5(g). The scope of that agreement was for Podhurst to represent Virgin in her “claim for damages against Execuflight, Inc., or any other persons, firms or corporations liable, resulting from an air crash that occurred on the 10th day of November, 2015.” It further provided: Podhurst Orseck, P.A., will participate in the fees set forth above, and Ana M. Frexes & Associates, P.A. will be responsible and available to the client for consultation, will participate and assist in preparation of the case, and will bear joint responsibility to the client, for its processing, up to final conclusion together with Podhurst Orseck, P.A. However, Podhurst Orseck, P.A. will be lead trial and appellate counsel. On the basis of work performed in accordance with the Canon of Ethics, and depending upon performance of services as anticipated under this agreement, Podhurst Orseck, P.A., will share in the fees derived to the extent of 75% and Ana M. Frexes & Associates, P.A. to the extent of 25%. 2 Podhurst also represented families of other deceased PEBB employees. It obtained Virgin’s informed consent to do so. 3 A lawyer from Podhurst testified that, in his experience handling thousands of aviation wrongful death cases, a referring family member usually waives the referral fee to pass the resulting discount on to their grieving relative.