HLHL, P.A., ETC.
v.
FIDEL CASTRO RUZ, ETC.
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.
HLHL, P.A. appealed a trial court decision regarding a charging lien claim against funds recovered in a settlement. The court affirmed the lower court's decision, holding that the firm failed to properly establish its charging lien because it did not provide timely notice and the services did not produce the settlement recovery.
The court affirmed, holding that the firm failed to establish a valid charging lien. The firm did not give timely notice before entry of final judgment or an order dismissing the case, causing the trial court to lose jurisdiction to enforce the lien. Additionally, the services must produce a positive judgment or settlement for the lien to attach to the tangible fruits of those services.
[1] An attorney must provide timely notice of a charging lien by filing a notice of lien or otherwise pursuing the lien in the original action.
[2] A trial court loses jurisdiction to enforce a charging lien in the original action if notice is not given before the entry of final judgment or an order dismissing the ca…
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Join FLexlaw to unlock all legal intelligence“In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.”
Establishes the requirement for timely notice of a charging lien in Florida law.
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Join FLexlaw to unlock all legal intelligenceHLHL, P.A. provided legal services in an action and sought to assert a charging lien against settlement proceeds. The firm failed to file a notice of …
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PER CURIAM.
Third District Court of Appeal
State of Florida
Opinion filed April 17, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1728 Lower Tribunal No. 08-14505 ________________ HLHL, P.A., etc., Appellant, vs.
Fidel Castro Ruz, etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. The Hall Law Firm, P.A., and Adam S. Hall, for appellant. Mark Migdal & Hayden, Desiree Fernandez, and Jose M. Ferrer, for appellees Alfredo Villoldo and Gustavo E. Villoldo. Before FERNANDEZ, MILLER and LOBREE, JJ.
Affirmed. Daniel Mones, P.A. v. Smith, 486 So. 2d 559, 561 (Fla. 1986) (“In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.”); Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So. 2d 1383, 1385 (Fla. 1983); Naftzger v. Elam, 41 So. 3d 944, 946 (Fla. 2d DCA 2010) (“If notice is not given before entry of the final judgment or an order dismissing the case, the trial court loses jurisdiction to enforce a charging lien in the original action.”); Central Mortg. Co. v. Callahan, 155 So. 3d 373, 376 (Fla. 3d DCA 2014) (“[R]eservation of jurisdiction must be specific.”); Correa v. Christensen, 780 So. 2d 220, 220 (Fla. 5th DCA 2001) (“It is not enough to support the imposition of a charging lien that an attorney has provided his services; the services must, in addition, produce a positive judgment or settlement for the client, since the lien will attach only to the tangible fruits of the services.”); Franklin & Marbin, P.A. v. Mascola, 711 So. 2d 46, 53 (Fla. 4th DCA 1998) (providing that a charging lien proceeding only applies when “identifiable property recovered as a result of the lawyer’s labors.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sinclair v. Baucom, 428 So. 2d 1383 (Fla. 1983)
- Daniel Mones, P.A. v. Smith, 486 So. 2d 559 (Fla. 1986)
- Correa v. Christensen, 780 So. 2d 220 (Fla. 5th DCA 2001)
- Cent. Mortg. Co. v. Callahan, 155 So. 3d 373 (Fla. 3d DCA 2014)
- Franklin & Marbin, P.A. v. Mascola, 711 So. 2d 46 (Fla. 4th DCA 1998)
- Naftzger v. Elam, 41 So. 3d 944 (Fla. 2d DCA 2010)