Attorney'S Charging Lien

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

• Cooper v. McNAIR
  S.D. Fla.· 1931-05-12 ·cited 8×
  An attorney employed by a bank to prosecute litigation sought compensation from the bank's receiver for services rendered before the receivership was appointed, claiming entitlement to a preferred administrative expense or attorney's lien. The court held that the receiver's decis
• Greenberg Traurig, P. A. v. Starling
  238 So. 3d 862· Fla. 2d DCA· 2018-01-05 ·cited 7×
  An attorney must file a notice of charging lien or otherwise pursue the lien in the original action before the case is dismissed to timely perfect the lien; sending letters reserving the right to file a lien does not constitute perfection. The trial court lacks jurisdiction to en
• Rebecca J. Covey, P.A. v. Am. Imp. CAR Sales
  944 So. 2d 1202· Fla. 4th DCA· 2006-12-20 ·cited 7×
  Rebecca Covey, an attorney, appeals the trial court's decision to grant a judgment lien to SouthTrust Bank against settlement funds, rather than recognizing Covey's superior charging lien. The appellate court reverses, holding that an attorney's charging lien attaches at the comm
• NEW England Mut. Life Ins. Co. v. Podhurst
  690 So. 2d 1354· Fla. 3d DCA· 1997-03-26 ·cited 7×
  New England Mutual Life Insurance Company appeals orders directing it to disburse escrowed insurance proceeds to a law firm for contingent fees. The court reverses, holding that the trial court lacked jurisdiction over the lender (a non-party) and that, on the merits, the lender'
• Sharyn D. Garfield, P.A. v. Green
  687 So. 2d 1388· Fla. 4th DCA· 1997-02-26 ·cited 7×
  The court held that an attorney's charging lien is enforceable against a former husband when the settlement agreement making no provision for the lien was negotiated without notice to the attorney.
• Newton v. Kiefer
  547 So. 2d 727· Fla. 2d DCA· 1989-08-18 ·cited 7×
  A former attorney for a dissolution of marriage client filed a charging lien for unpaid fees and costs within four days of withdrawing from the case. The trial court discharged the lien without an evidentiary hearing on the ground that the attorney failed to file a motion to adju
• Boyette v. Martha White Foods, Inc.
  528 So. 2d 539· Fla. 1st DCA· 1988-07-21 ·cited 7×
  The Florida First District Court of Appeal reversed a trial court's award of attorney's fees that included a contingency risk multiplier under the lodestar formula. The court held that while the lodestar formula is appropriate for determining fees for prematurely discharged attor
• Smith v. Parker
  508 So. 2d 1262· Fla. 5th DCA· 1987-05-21 ·cited 7×
  An attorney who withdraws from representation due to a conflict of interest, without further agreement, is not entitled to fees from a subsequent recovery obtained by successor counsel.
• ST. ANA v. Wheeler Mattison Drugs, Inc.
  129 So. 2d 184· Fla. 3d DCA· 1961-05-01 ·cited 7×
  This case addresses whether Florida Statute § 85.09 provides a lien for attorney services. The court held that the statute does not create an additional attorney's lien, as common law already governs attorney liens in Florida.
• US Acquisition, LLC v. Tabas
  87 So. 3d 1229· Fla. 4th DCA· 2012-05-23 ·cited 6×
  US Acquisition and Tabas Freedman appealed competing orders regarding an attorney's charging lien on an aircraft. The court held that because Tabas Freedman failed to record its charging lien with the FAA as required by federal law, the lien was not perfected and therefore invali
• Hall, Lamb & Hall, P.A. v. Sherlon Invs. Corp.
  7 So. 3d 639· Fla. 3d DCA· 2009-04-22 ·cited 6×
  A party to a settlement that has notice of an attorney's charging lien has an affirmative duty to notify the attorney and protect the lien interest in settlement proceeds. Where a party fails to do so and pays the settlement directly to the client without safeguards for the lien,
• Garces v. Montano
  947 So. 2d 499· Fla. 3d DCA· 2006-12-06 ·cited 6×
  Jorge Garces appeals orders denying his motion to apportion attorney's fees and recover costs from the decedent's minor children's settlement, and orders granting discharge of his attorneys' charging lien and dismissing the case. The court reverses, holding that no conflict of in
• Bakst, Cloyd & Bakst, P.A. v. Cole
  750 So. 2d 676· Fla. 4th DCA· 1999-12-22 ·cited 6×
  The appellate court affirmed the trial court's order finding that a former wife's homestead property was not subject to her former attorney's charging lien.
• Rose v. Marcus
  622 So. 2d 63· Fla. 3d DCA· 1993-07-20 ·cited 6×
  The court reversed an order permitting an attorney to impose a charging lien against a client's interest in marital home sale proceeds, finding that a contract and an understanding that payment would come from recovery were established.
• Glickman v. Coralie Scherer
  566 So. 2d 574· Fla. 4th DCA· 1990-08-29 ·cited 6×
  An attorney sought to enforce a charging lien against fees for representing a client in a child custody modification case. The court reversed, holding that charging liens cannot attach to child custody, support, and visitation matters because they do not produce the tangible frui
• Edward C. Tietig, P.A. v. Se. Reg'l Constr. Corp.
  520 So. 2d 633· Fla. 4th DCA· 1988-02-10 ·cited 6×
  The court held that the trial court did not err in valuing the property but erred in setting the commencement date for interest on the attorney's fees.
• Kirsten L. Riveiro v. J. Cheney Mason, P.A.
  82 So. 3d 1094· Fla. 2d DCA· 2012-02-01 ·cited 5×
  Mrs. Riveiro appeals a trial court order granting her attorneys a charging lien of $76,357.61 against assets she received in a divorce settlement. The Florida Second District Court of Appeal affirms the lien as to personal property but reverses it as to real property, and remands
• Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A. v. Chernak
  991 So. 2d 875· Fla. 4th DCA· 2008-03-12 ·cited 5×
  A law firm appeals the trial court's order striking its motion to enforce a charging lien against settlement proceeds derived from arbitration rather than from the dismissed original lawsuit. The court holds that a charging lien may be litigated in the original action where the a
• Albert v. Goldman-Link, P.A.
  661 So. 2d 1293· Fla. 4th DCA· 1995-11-01 ·cited 5×
  Mona Albert appeals a trial court order granting her former law firm, Goldman-Link, P.A., a charging lien for attorney's fees in her alimony and child support case. The appellate court affirms the charging lien itself but reverses the trial court's application of a contingency ri
• Scutieri v. Est. of Revitz
  829 F. Supp. 387· S.D. Fla.· 1993-06-25 ·cited 5×
  The court adopted the magistrate judge's recommendation to deny motions for attorney charging liens filed by two law firms, finding they failed to meet legal requirements for such liens.
• Heinrich Gordon Batchelder Hargrove Weihe & Gent & Mary Lou Jacobson v. Kapner
  605 So. 2d 1319· Fla. 4th DCA· 1992-10-14 ·cited 5×
• Yavitz v. Martinez
  568 So. 2d 103· Fla. 3d DCA· 1990-10-16 ·cited 5×
  The court held that rent increases ranging from 15% to 55% above fair market value, coupled with deterioration of premises and diminution of services, were unconscionable as a matter of law. The court also held that jury-awarded damages for statutory violations were not too specu
• Novinger v. E.I. DuPONT DE Nemours & Co., Inc.
  809 F.2d 212· 3d Cir.· 1987-01-15 ·cited 5×
  The court held that the district court possessed ancillary jurisdiction to resolve attorney fee disputes arising from a settlement, and that the denial of fees to prior counsel without a hearing was improper.
• Salzman v. Eli Reyes
  198 So. 3d 1068· Fla. 1st DCA· 2016-08-18 ·cited 4×
  The JCC abused her discretion by rejecting the parties' stipulation for a quantum meruit attorney's fee without a sufficient basis.
• McCARTHY v. Est. OF Robert Frederick Krohn, & Hall, Lamb & Hall, P.A.
  16 So. 3d 193· Fla. 4th DCA· 2009-08-05 ·cited 4×
  This case concerns a discharged law firm's entitlement to prejudgment interest on attorney's fees and costs recovered through a charging lien in a personal injury settlement. The appellate court held that prejudgment interest on both the attorney's fees and costs should run from
• In re Zoernack
  289 B.R. 220· M.D. Fla.· 2003-01-24 ·cited 4×
  A federal court cannot review a state court's judgment granting a charging lien, even if by consent, due to the doctrines of collateral estoppel, res judicata, and Rooker-Feldman.
• Cohen & Cohen, P.A. v. Angrand
  710 So. 2d 166· Fla. 3d DCA· 1998-04-22 ·cited 4×
  Cohen & Cohen appeals denial of its charging lien against settlement proceeds in a wrongful death case after the client discharged the firm. The court reverses, holding that a typographical error in the lien did not defeat its validity and that reconstructed time records were pro
• Leone v. Leone
  619 So. 2d 323· Fla. 3d DCA· 1993-04-27 ·cited 4×
  An attorney's charging lien should not be enforced against alimony if it deprives a former spouse of daily sustenance or minimal necessities of life.
• Monarch Life Ins. Co. v. Elam
  918 F.2d 201· D.C. Cir.· 1990-11-09 ·cited 4×
  The court certified two questions of District of Columbia law regarding attorney charging liens to the District of Columbia Court of Appeals, rather than resolving them itself.
• In Matter of Petition of Rosenman & Colin v. Richard. Rosenman & Colin
  850 F.2d 57· 2d Cir.· 1988-06-20 ·cited 4×
  An attorney's charging lien is enforceable only against the client's affirmative recovery in the underlying litigation, not against property the client already possessed or retained.
• Sabin v. Butter
  522 So. 2d 939· Fla. 3d DCA· 1988-03-15 ·cited 4×
  A co-owner parent with exclusive possession of a former marital home, where that possession is incident to a divorce judgment awarding custody of minor children, cannot subject the home to execution to satisfy that parent's separate debt without the consent of the other co-owner
• Wishoff v. Wishoff
  497 So. 2d 1351· Fla. 4th DCA· 1986-12-03 ·cited 4×
  An attorney's charging lien was validly perfected on property acquired in a dissolution proceeding where the attorney and client executed stipulations establishing the lien, the attorney provided substantial legal services resulting in the client's recovery of property interest,
• Wilkerson v. Olcott
  212 So. 2d 119· Fla. 4th DCA· 1968-06-06 ·cited 4×
  The District Court should not have declined to adjudicate appellant's constitutional claims. Abstention is inappropriate in this case.
• Hanna Paint Mfg. Co. v. Rodey
  298 F.2d 371· 10th Cir.· 1962-01-12 ·cited 4×
  The court held that the attorneys' charging lien had priority over the appellant's assignment and that the trial court did not abuse its discretion in approving the attorney fee.
• Phillipos Markakis v. THE S.S. Mparmpa Christos
  267 F.2d 926· 2d Cir.· 1959-06-05 ·cited 4×
  A plumbing subcontractor appeals the dismissal of its action to foreclose a mechanic's lien against the fee owners of property improved by a lessee.
• Duhamel v. Duhamel
  295 So. 3d 880· Fla. 2d DCA· 2020-05-01 ·cited 3×
  The appellate court reversed an order imposing a charging lien against a client's assets distributed in a divorce judgment. The court found the lien was improperly granted because the former attorney's services did not procure those specific assets.
• Pedro v. LAW Off. OF Paul Burkhart & The Claridges Condo., Inc.
  168 So. 3d 299· Fla. 4th DCA· 2015-07-01 ·cited 3×
  The court held that while the trial court had sufficient evidence to impose an attorney's charging lien, it erred by failing to make specific findings regarding the amount and reasonableness of the fees awarded.
• Tucker v. Tucker
  165 So. 3d 798· Fla. 4th DCA· 2015-05-27 ·cited 3×
  An attorney's charging lien cannot include fees incurred in enforcing the lien, and should not be enforced against permanent periodic alimony if it deprives the client of the necessities of life.
• Trontz v. Winig
  905 So. 2d 1026· Fla. 4th DCA· 2005-07-06 ·cited 3×
• Weed v. Washington (In Re Washington)
  238 B.R. 852· M.D. Fla.· 1999-09-16 ·cited 3×
  An attorney's charging lien under Florida law is not a "judicial lien" avoidable under 11 U.S.C. § 522(f)(1) because it relates back to the commencement of services and is akin to a consensual lien.
• Paramount Eng'g Grp., Inc. v. Michelson
  685 So. 2d 101· Fla. 4th DCA· 1997-01-08 ·cited 3×
• Snyderburn v. Honorable John D. Moxley
  652 So. 2d 945· Fla. 5th DCA· 1995-03-31 ·cited 3×
  In this second appeal of an attorney fee dispute, the Fifth District Court of Appeal clarified that a trial court must enforce a contingent fee agreement without recourse to quantum meruit principles, rejecting opposing counsel's repeated attempts to characterize the fee determin
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• In re Hagen v. Mark Jay Kaufman, P.A.
  922 F.2d 742· 11th Cir.· 1991-01-29 ·cited 3×
  The majority holds that a security interest was created before the 90-day preference period due to a state relation back provision, thus not a voidable preference. The dissent disagrees.
• Sanchez v. Herb Friesner
  477 So. 2d 66· Fla. 3d DCA· 1985-10-29 ·cited 3×
• United States v. Leone Bosurgi and Emilio Bosurgi as Executors of the Estate of Adriana Bosurgi
  750 F.2d 216· 2d Cir.· 1984-12-12 ·cited 3×
  The court held that the district court's award of an attorney's charging lien, including a multiplier for delay in payment, was not an abuse of discretion and affirmed the order.
• Hawks v. Libit
  251 So. 3d 321· Fla. 2d DCA· 2018-07-25 ·cited 2×
  Under Florida Statute § 57.041(1), costs must be awarded to the party recovering judgment, not to the prevailing party, and the plain language of the statute is mandatory and not subject to trial court discretion. Hawks, as the party in whose favor judgment was entered on his fee
• Liliana M. Sass v. Sass
  988 So. 2d 1135· Fla. 4th DCA· 2008-07-30 ·cited 2×
  In a consolidated appeal from a dissolution of marriage and attorney's charging lien judgment, the former wife challenged twelve issues. The court affirmed the trial court's treatment of a $75,000 loan as a pre-marital asset under a prenuptial agreement, but reversed the trial co
• Burger King Corp. v. Lumbermens Mut. Cas. Co.
  410 F. Supp. 2d 1249· S.D. Fla.· 2005-06-30 ·cited 2×
  The court held that the insurance policy did not cover intentional discrimination claims, and BKC's arguments for coverage were unpersuasive.
• Gordon C. Brydger, P.A. v. Wolfe
  847 So. 2d 1074· Fla. 4th DCA· 2003-06-11 ·cited 2×
  Brydger, an attorney, perfected a charging lien on attorney's fees in a dissolution of marriage action by filing notice on April 25, 2000, prior to the case's termination. The trial court incorrectly denied Brydger's motion to satisfy the lien as untimely, despite his prompt acti