PAULO CESAR MANTEGAZZA POMELLI
v.
PAOLA MANTEGAZZA POMELLI

Fla. 3d DCA | 2021-09-22
No. 20-1113
Gose
Florida District Court of Appeal, Third District (2021)

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Holding

A trial court's award of attorney's fees made pursuant to a charging lien will not be disturbed absent a clear abuse of discretion, and where an evidentiary hearing is held and the record contains competent substantial evidence supporting the fee award, including testimony from the attorney performing the services, no abuse of discretion occurs.


Headnotes

[1] A trial court's award of attorney's fees pursuant to a charging lien is reviewed for abuse of discretion and will not be disturbed where an evidentiary hearing is held an…

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Facts & Procedural History

Paulo Cesar Mantegazza Pomelli and others appealed from a trial court's award of attorney's fees made pursuant to a charging lien in a case against Pa…

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Opinion of the Court

PER CURIAM.

Affirmed. See Afrazeh v. Miami Elevator Co. of Am., 769 So. 2d 399, 401 (Fla. 3d DCA 2000) (stating a trial court’s award of attorney’s fees made pursuant to a charging lien will not be disturbed “absent a clear abuse of discretion”); Lopez v. Hernandez, 291 So. 3d 1007, 1009 (Fla. 5th DCA 2020) (“We review a trial court’s decision to award a charging lien to an attorney for abuse of discretion.”); Bateman v. Serv. Ins. Co., 836 So. 2d 1109, 1111 (Fla. 3d DCA 2003) (reasoning that where an evidentiary hearing is held and the “record contains some competent substantial evidence supporting the fee[,] . . . [including] testimony from the attorney performing the services,” a trial court does not abuse its discretion by awarding attorney’s fees).

Footnotes
1 A Notice of Waiver of Answer Brief has been filed by appellee Paola Mantegazza Pomelli.

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