Attorney'S Charging Lien

146 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Daniel Mones, P.A. v. Smith
  486 So. 2d 559· Fla.· 1986-03-20 ·cited 85×
  The Florida Supreme Court held that an attorney may claim a valid retaining lien on client settlement proceeds held in trust to secure payment of disputed fees for services rendered, but may not claim a charging lien without proper notice during the original proceeding. The court
• Faro v. Robert V. Romani and Farish
  641 So. 2d 69· Fla.· 1994-07-07 ·cited 53×
  The Florida Supreme Court addressed whether an attorney who voluntarily withdraws from a contingency fee representation before the contingency occurs may recover compensation. The Court held that an attorney who voluntarily withdraws forfeits all rights to compensation unless the
• Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A.
  483 So. 2d 775· Fla. 3d DCA· 1986-02-11 ·cited 44×
  The court reversed a trial judgment awarding an attorney $280,000 in fees, holding that the attorney's employment contract was void because it was procured through unlawful solicitation in violation of Florida Statutes § 877.02(1). The court rejected both the trial court's quantu
• Nichols v. Kroelinger
  46 So.2d 722· Fla.· 1950-06-02 ·cited 43×
  The Supreme Court of Florida affirmed a lower court's decision to revoke an administrator's appointment, holding that an attorney who delayed over 18 years to collect a judgment fee lost their right to enforce the lien against the client's estate.
• Dowda & Fields, P.A. v. Cobb
  452 So. 2d 1140· Fla. 5th DCA· 1984-07-19 ·cited 41×
  An attorney firm sought to enforce a charging lien against a judgment they had obtained for their client after being discharged as counsel. The trial court ordered the attorneys to deliver their office files to successor counsel, finding them adequately secured by the judgment an
• Patin v. Popino
  459 So. 2d 435· Fla. 3d DCA· 1984-11-20 ·cited 36×
  Florida appellate court reversed an order imposing an attorney's charging lien on appellant's home because the trial court lacked jurisdiction to award post-judgment attorney's fees when the final judgment did not reserve jurisdiction for such an award.
• Alyea v. Hampton
  112 Fla. 61· Fla.· 1933-09-22 ·cited 35×
  This case concerns an attorney's lien for fees. The court affirmed an order overruling a demurrer, holding that an attorney can have a lien based on a definite fee contract, not just quantum meruit, and that such a lien is an equitable right to secure fees from a judgment obtaine
• Sohn v. Brockington
  371 So. 2d 1089· Fla. 1st DCA· 1979-06-13 ·cited 34×
  Attorney Sohn appeals a quantum meruit fee award of $950 after being discharged without cause by his client before completing a contingent fee contract for a tort claim. The Florida appellate court affirms that quantum meruit is the proper remedy for discharged contingent fee att
• Litman v. Fine
  517 So. 2d 88· Fla. 3d DCA· 1987-12-22 ·cited 32×
  Bernard Litman appealed a trial court judgment awarding attorney's fees to his former counsel via a charging lien. The Florida appellate court affirmed, holding that attorneys may recover fees through a charging lien even absent a contingent fee contract, and that fee determinati
• Ira E. Billingham v. Ellsworth W. Thiele
  109 So. 2d 763· Fla.· 1959-03-11 ·cited 32×
  An attorney is not entitled to a charging lien on client real estate without statutory authority or an express or implied agreement.
• Cole v. Kehoe
  710 So. 2d 705· Fla. 4th DCA· 1998-05-06 ·cited 28×
  A divorced wife appeals an attorney's charging lien imposed in her former attorney's favor, arguing the lien's scope is impermissibly broad. The court agrees that a charging lien cannot attach to property outside the suit or property acquired after the attorney's services, and ca
• Hutchins v. Hutchins
  522 So. 2d 547· Fla. 4th DCA· 1988-03-30 ·cited 27×
  In a dissolution of marriage case, the husband appeals a trial court's order enforcing an attorney's charging lien against him for fees owed to his wife's former attorney. The court affirms, holding that an attorney who timely files notice of a charging lien before settlement can
• Smiley v. Greyhound Lines, Inc.
  704 So. 2d 204· Fla. 5th DCA· 1998-01-09 ·cited 26×
  The court held that the trial court's finding that the plaintiff gave her attorney clear authority to settle the wrongful death claim was supported by substantial competent evidence.
• THE Florida BAR v. Hollander
  607 So. 2d 412· Fla.· 1992-11-05 ·cited 25×
  The Florida Supreme Court upheld a disciplinary finding against attorney Bruce Lee Hollander for violating professional conduct rules by including termination and withdrawal clauses in his contingency fee agreement that would have allowed him to collect fees twice for the same wo
• In re Diplomat Elec., Inc. v. Bankruptcy
  499 F.2d 342· 5th Cir.· 1974-08-12 ·cited 24×
  The court held that a creditor's right to set off a tort judgment against a bankrupt's contract debt is a matter of judicial discretion, not automatically barred by the tort's intentional nature, and that a pre-existing contractual judgment takes priority over an attorney's charg
• United States v. Transocean AIR Lines, Inc.
  356 F.2d 702· 5th Cir.· 1966-02-23 ·cited 24×
  An improperly entered dismissal cannot defeat a perfected attorney's charging lien, and the Florida court has jurisdiction to enforce such a lien.
• Samuel L. Heller, P.A. v. Held
  817 So. 2d 1023· Fla. 4th DCA· 2002-06-05 ·cited 23×
  Attorney Samuel Heller sought to recover attorney's fees from defendants who settled a lawsuit with Heller's client without providing Heller notice or payment, despite his valid charging lien. The court reversed summary judgment in the defendants' favor, holding that Heller had p
• Dyer v. Vaughn Dyer
  438 So. 2d 954· Fla. 4th DCA· 1983-10-05 ·cited 22×
  The court held that the trial court abused its discretion by allowing an attorney's charging lien to be impressed upon a permanent periodic alimony award of $250.00 per month.
• Warshaw-Seattle, Inc. v. Clark
  85 So. 2d 623· Fla.· 1955-12-14 ·cited 22×
  The Florida Supreme Court addressed whether an attorney for a defendant in an attachment case could intervene in the main contract action to recover fees after the plaintiff and defendant settled the underlying dispute without the attorney's consent. The court held that intervent
• In re the Petition of Stanley M. Chesley v. Union Carbide Corp. & the Union of India
  927 F.2d 60· 2d Cir.· 1991-02-25 ·cited 21×
  The court affirmed the denial of attorneys' fee applications, but the concurring judge believes the majority's reasoning regarding jurisdiction is incomplete.
• Zimmerman v. Eliezer J. Livnat and Esther Livnat
  507 So. 2d 1205· Fla. 4th DCA· 1987-06-03 ·cited 21×
  An attorney appeals the denial of enforcement of a charging lien against alimony payments owed to his former client in a dissolution of marriage case. The court held that the attorney established an entitlement to a charging lien but remanded for the trial court to analyze whethe
• Barton v. McGOVERN
  504 So. 2d 457· Fla. 1st DCA· 1987-03-05 ·cited 21×
  An attorney discharged without cause before concluding a client's matter can recover only the reasonable value of services rendered prior to discharge, on a quantum meruit basis, limited by the contract's maximum fee.
• Sherman v. Buckley
  119 F.2d 280· 2d Cir.· 1941-04-28 ·cited 21×
  The bankruptcy court erred in enjoining attorneys from enforcing their charging lien in the state court, as the trustee's prosecution of the action subjected him to the state court's jurisdiction.
• Levine v. Nicholas Gonzalez, M.D.
  901 So. 2d 969· Fla. 4th DCA· 2005-05-11 ·cited 20×
  Levine and Nutricology appeal a trial court order granting a charging lien foreclosure to their former opponents' law firm, Searcy Denney. The appellate court reverses, holding that the trial court lacked jurisdiction to foreclose the charging lien because the case was voluntaril
• Jones & Granger v. Basil Johnson, Jr.
  788 So. 2d 381· Fla. 1st DCA· 2001-06-21 ·cited 19×
  Jones & Granger appeals a trial court's award of attorney's fees under a charging lien filed after the firm was discharged by its client without cause during a FELA settlement. The court awarded quantum meruit compensation of $7,500 rather than a proportional share of the conting
• Ira E. Billingham v. Ellsworth W. Thiele
  107 So. 2d 238· Fla. 2d DCA· 1958-07-30 ·cited 19×
  An attorney sought to impose an equitable lien on real property owned by his former clients to secure payment for legal services rendered in a group representation matter. The court affirmed the trial court's ruling that no lien existed, holding that absent an express or implied
• Dinallo v. Gunster, Yoakley, Valdes-Fauli & Stewart, P.A.
  768 So. 2d 468· Fla. 4th DCA· 2000-06-28 ·cited 18×
  In a dispute over attorney's fees in a complex probate will contest, the court enforced the law firms' charging lien based on a contingency fee agreement but corrected the fee calculation by excluding non-existent promissory note assets and reducing the claimed tax savings. The c
• MAY v. Sessums & Mason, P.A.
  700 So. 2d 22· Fla. 2d DCA· 1997-08-22 ·cited 18×
  Carol Ann May contests an award of $564,500 in "additional fees" to her former attorney, Sessums & Mason, P.A., while Sessums cross-appeals the trial court's rejection of its claim for $1,000,000. The Florida appellate court reversed, holding that the fee agreement's permissive l
• Brasch v. Brasch
  109 So. 2d 584· Fla. 3d DCA· 1959-03-03 ·cited 18×
  An attorney discharged by a client has no lawful authority to continue acting in the client's behalf after receiving notice of discharge, and a court cannot enter a money judgment for attorney's fees in a proceeding originally instituted by that client against a third party witho
• Lochner v. Monaco, Cardillo & Keith, P.A.
  551 So. 2d 581· Fla. 2d DCA· 1989-10-27 ·cited 16×
  An attorney cannot establish a charging lien against real property in a divorce proceeding without alleging an express or implied agreement with the client for such a lien.
• Micaela de la Cruz v. Brown
  338 So. 2d 245· Fla. 3d DCA· 1976-10-12 ·cited 16×
  Micaela de la Cruz appeals from a trial court order denying her motion to strike a discharged attorney's charging lien and denying her request for a jury trial on the issue of attorney's fees. The court upheld the charging lien and the trial judge's equitable determination of fee
• Lynn v. Allstar Steakhouse & Sports BAR, Inc.
  736 So. 2d 722· Fla. 2d DCA· 1999-06-16 ·cited 14×
  Cynthia R. Lynn appeals an order granting her former attorney Dennis J. Plews a charging lien of $12,500 for services rendered on her personal injury claim. The appellate court affirms the trial court's decision due to the absence of an evidentiary transcript, which prevented mea
• Shawzin v. Donald J. Sasser, P.A.
  658 So. 2d 1148· Fla. 4th DCA· 1995-08-02 ·cited 14×
  In this attorney's charging lien case, the Fourth District Court of Appeal affirmed the trial court's award of a charging lien against the proceeds of the sale of marital property, but reversed the entry of a money judgment against the client for lack of proper notice and reverse
• Faro v. Romani
  629 So. 2d 872· Fla. 4th DCA· 1993-10-13 ·cited 14×
  The court affirmed the trial court's order denying the motion to vacate an attorney's charging lien and awarding fees, finding no abuse of discretion in the liability or damages aspects, but certified a question of great public importance regarding attorney compensation upon just
• In re Shirley Duke Assocs. v. Shirley Duke Assocs.
  611 F.2d 15· 2d Cir.· 1979-12-03 ·cited 14×
  The bankruptcy court lacked jurisdiction to enforce an attorney's charging lien against loan proceeds not derived from the debtor's estate, but it could consider compensation for services rendered to the estate.
• Adams v. Westinghouse Elec. Corp.
  597 F.2d 570· 5th Cir.· 1979-06-22 ·cited 13×
  The court held that Florida law does not permit an attorney to retain funds from a client in excess of the attorney's claimed amount.
• Weiland v. Dorelle Weiland, Robert Koop Johnson & Robert Koop Johnson, P.A.
  814 So. 2d 1252· Fla. 2d DCA· 2002-05-03 ·cited 12×
  Michael Weiland appeals a trial court order approving a charging lien filed by his former attorney, Robert Johnson, against property awarded to Weiland in a divorce proceeding. The appellate court reversed, holding that the attorney failed to provide timely notice of the charging
• Kocha & Jones, P.A. v. Greenwald
  660 So. 2d 1074· Fla. 4th DCA· 1995-08-09 ·cited 12×
  A law firm appeals an award of attorney's fees from a contingency fee agreement after voluntarily withdrawing from representation before the contingency occurred. The court reversed, holding that under Faro v. Romani, an attorney who withdraws by their own choice forfeits all com
• KAY v. Home Depot, Inc.
  623 So. 2d 764· Fla. 5th DCA· 1993-08-13 ·cited 12×
  An attorney who withdraws from representation without cause before settlement or judgment is not entitled to attorney's fees, even under quantum meruit, but is entitled to costs incurred.
• Edward C. Tietig, P.A. v. Se. Reg'l Constr. Corp.
  617 So. 2d 761· Fla. 4th DCA· 1993-04-21 ·cited 12×
  In this third appearance before the appellate court, the court resolved the proper enforcement mechanism for an attorney's charging lien against real property. The court reversed the trial court's order that effectively prohibited the attorney from enforcing the lien except throu
• Brake v. Sanchez-Lopez
  452 So. 2d 1071· Fla. 3d DCA· 1984-07-10 ·cited 12×
  An attorney appeals the denial of his charging lien against child support and medical expense awards in a paternity case. The court held that charging liens cannot be enforced against child support payments due to public policy protecting children's support, but may be enforced a
• Offs. Togolais Des Phosphates v. Mulberry Phosphates, Inc.
  62 F. Supp. 2d 1316· M.D. Fla.· 1999-07-07 ·cited 11×
  The court held that the transaction was an oral agreement for the sale of goods with an open price term, not a joint venture, and determined a reasonable price for the goods based on market value.
• In re Beverly Mfg. Corp. v. Tavormina
  841 F.2d 365· 11th Cir.· 1988-03-28 ·cited 11×
  The court held that an attorney failed to establish a valid retaining lien on stock certificates because he did not prove lawful possession prior to bankruptcy, and that the bankruptcy court did not abuse its discretion in denying the attorney's fee petition due to its inadequacy
• Baker & Hostetler, LLP v. Swearingen
  998 So. 2d 1158· Fla. 5th DCA· 2008-11-21 ·cited 10×
  Baker & Hostetler appealed a trial court order denying its motion to enforce a charging lien against attorney's fees awarded to its client, the wife in a divorce proceeding. The Fifth District reversed, holding that because the final judgment reserved jurisdiction over the issue
• Pineiro v. Rigoberto Pineiro & Law Firm of Franklin & Criscuolo
  988 So. 2d 686· Fla. 4th DCA· 2008-07-30 ·cited 10×
  The court held that a civil contempt order was improper because the underlying orders did not authorize freezing assets for attorney's fees and the contempt power cannot be used for property rights settlement.
• Gaebe v. Bradt
  704 So. 2d 618· Fla. 4th DCA· 1997-10-29 ·cited 10×
  A law firm appealed an order denying enforcement of an attorney's charging lien against a tortfeasor and insurance carrier, arguing that timely filing of the lien before case dismissal constituted sufficient notice. The court reversed, holding that filing a charging lien before c
• Broughten v. Grover Voss
  634 F.2d 880· 5th Cir.· 1981-01-20 ·cited 9×
  The district court lacked jurisdiction to sua sponte resolve a fee dispute between a law firm and its client when the motion before it was solely for withdrawal.
• Capuano v. United States
  955 F.2d 1427· 11th Cir.· 1992-03-17 ·cited 8×
  Attorney Capuano brought a wrongful levy action under 26 U.S.C. § 7426 to recover a $25,000 fee from a $100,000 settlement check in a forfeiture case, after the IRS levied on the check and negotiated it without his consent despite being a named payee. The Eleventh Circuit reverse
• Schwartz, Gold & Cohen, P.A. v. Streicher
  549 So. 2d 1044· Fla. 4th DCA· 1989-08-23 ·cited 8×
  A law firm challenged dismissal of its charging lien in a divorce proceeding and sought fees in a separate action against its former client. The court held that trial courts retain jurisdiction to enforce attorney charging liens even after settlement of the underlying case, but a
• United States v. Transocean AIR Lines, Inc.
  386 F.2d 79· 5th Cir.· 1967-08-15 ·cited 8×
  The court held that the district court erred in entering a judgment directly against the United States for attorney's fees, as this was not authorized by prior rulings and is precluded by sovereign immunity and the Anti-assignment Act.