SOUTHEAST REGIONAL CONSTRUCTION CORP., APPELLANT,
v.
LEADERSHIP HOUSING SYSTEMS OF FLORIDA, INC., PORLICK POLIQUIN SAMARA, INC., F/K/A PORLICK GORMAN POLIQUIN, INC., A FLORIDA CORPORATION, EDWARD C. TIETIG, P.A., MURRAY SLATNICK, ET AL., APPELLEES
Explore caselaw by topic → Browse Attorney'S Lien cases and more on FLexlaw
[*614] PER CURIAM.
Upon review of the record we conclude that there is an adequate evidentiary basis to support a finding that the appellee, attorney Edward C. Tietig, was entitled to a lien for his fees to be imposed against the real property which appellant recovered by settlement of litigation prosecuted on its behalf by the attorney. See Scott v. Kirtley, 113 Fla. 637, 152 So. 721 (1933); and Billingham v. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958), aff'd, 109 So. 2d 763 (Fla.1959). However, we do not believe the evidence supports the trial court’s award of a one-third undivided legal interest in the real property. • In our view, the attorney was entitled to a fee based on the value of the property recovered, and he was further entitled to imposition of a lien against the property to secure payment of that fee.
Accordingly, we affirm in part and reverse in part, and remand this cause for further proceedings consistent herewith.
ANSTEAD, C.J., DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Edward C. Tietig, P.A. v. Se. Reg'l Constr. Corp., 617 So. 2d 761 (Fla. 4th DCA 1993)…m of an undivided one-third interest in the real property. Southeast’s appeal, the initial appearance of the case before this court, resulted in our decision reported as Southeast Regional Construction Corp. v. Leadership Housing Sys. of Fla., Inc., 454 So. 2d 613 (Fla. 4th DCA 1984) (TIETIG I). We there held that while the record supported a finding that Tietig was entitled to a lien for his fees, to be imposed against the real property recovered in settlement of the litigation, such fees should not be in th…
-
Edward C. Tietig, P.A. v. Se. Reg'l Constr. Corp., 520 So. 2d 633 (Fla. 4th DCA 1988)…DELL, Judge. We deny the motion for rehearing, but substitute the following opinion for the opinion issued November 4, 1987. In Southeast Regional Construction Corp. v. Leadership Housing Systems of Florida, Inc., 454 So. 2d 613 (Fla. 4th DCA 1984), this court held: Upon review of the record we conclude that there is an adequate evidentiary basis to support a finding that the appellee, attorney Edward C. Tietig, was entitled to a lien for his fees to be imposed against the…
-
Tietig v. Se. Reg'l Constr. Corp., 557 So. 2d 98 (Fla. 3d DCA 1990)…of action both should have been and was actually asserted as a counterclaim in defense of a Broward County action in which Tietig intervened against Southeast. See Southeast Regional Construction Corp. v. Leadership Housing Systems of Florida, Inc., 454 So. 2d 613 (Fla. 4th DCA 1984). The final judgment in that action barred, as res judicata, the subsequent and repetitive assertion of the claim in the instant action. See Signo v. Florida Farm Bureau Casualty Ins. Co., 454 So. 2d 3 (Fla. 4th DCA 1984); AGB Oil…
Authorities Cited
- Scott v. Kirtley, 113 Fla. 637 (Fla. 1933)
- Ira E. Billingham v. Ellsworth W. Thiele, 109 So. 2d 763 (Fla. 1959)
- Ronald v. State ex rel. John S. Harris, 113 Fla. 859 (Fla. 1934)
- Ira E. Billingham v. Ellsworth W. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958)