GARRETT D. CALLEY AND LINDA MAY CALLEY, HIS WIFE, APPELLANTS,
v.
THOMAS M. WOODRUFF, P.A., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An attorney who voluntarily withdraws from representation before a contingency occurs forfeits all rights to compensation.
The Calleys appeal an attorney's fee award granted to their former attorney, Woodruff, based on a charging lien. Woodruff had withdrawn from represent…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Forfeiture Of Fees cases and more on FLexlaw
BLUE, Judge.
Mr. and Mrs. Calley appeal an order awarding $10,000 as an attorney’s fee to their prior attorney, Thomas M. Woodruff, P.A. The trial court awarded the fee based on a charging lien filed by attorney Woodruff when he withdrew from representing the Calleys. The lien was based on legal services provided by Woodruff to the Calleys in a personal injury action.
Subsequent to the trial court’s order, the Florida Supreme Court issued Faro v. Romani, 641 So. 2d 69 (Fla.1994). In Faro, the court held “that when an attorney withdraws from representation upon his own volition, and the contingency has not occurred, the attorney forfeits all rights to compensation.” 641 So. 2d at 71. The court went on to state that if the client’s conduct makes it necessary for the attorney to withdraw from further representation of the client, the attorney might be entitled to a fee.
Because the trial court did not have the benefit of Faro when it ruled, the record does not contain the evidentiary finding necessary to support the fee award. Therefore, we reverse the order awarding attorney’s fees to Woodruff and remand with instructions to the trial court to conduct further proceedings in accordance with Faro.
FRANK, C.J., and ALTENBERND, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carbonic Consultants, Inc. v. Herzfeld & Rubin, Inc., 699 So. 2d 321 (Fla. 3d DCA 1997)…a force within its control and not due to any conduct on the part of the client, its decision to withdraw forfeited the right to compensation. See Faro v. Romani, 641 So. 2d at 69; Kocha & Jones v. Greenwald, 660 So. 2d at 1074; Colley v. Woodruff, 661 So. 2d 20 (Fla. 2d DCA 1994). Aecord-ingly, the order granting the law firm a charging lien must be reversed. Reversed. . Whether or not justifiable cause exists when an attorney voluntarily withdraws from representation depends on the facts and circumstanc…
-
Garrett D. Calley and Linda May Calley v. Thomas M. Woodruff, P.A., 751 So. 2d 599 (Fla. 2d DCA 1998)…ntiary hearing pursuant to Faro v. Romani, 641 So. 2d 69 (Fla.1994) (holding that attorney who withdraws prior to occurrence of contingency not entitled to fees unless the withdrawal was necessitated by the client’s conduct). See Calley v. Woodruff, 661 So. 2d 20 (Fla. 2d DCA 1994). After a hearing, the trial court awarded $10,000 for fees and costs to Mr. Woodruff based on its finding that Mr. Woodruff was placed in an ethical dilemma by his client’s conduct after Mr. Woodruff “developed a well-founded beli…
Authorities Cited
- Faro v. Robert V. Romani and Farish, 641 So. 2d 69 (Fla. 1994)