Attorney'S Charging Lien

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

• Small & Small, P.A. v. Jaye
  731 So. 2d 17· Fla. 4th DCA· 1999-02-10 ·cited 2×
  The court held that the trial court abused its discretion in calculating the amount of restitution by ordering the return of funds that the appellant had not actually received.
• In re Elec. Metal Prods., Inc. v. Bittman
  916 F.2d 1502· 10th Cir.· 1990-10-19 ·cited 2×
  An attorney's agreement to continue working on a case in exchange for payments against antecedent bills does not constitute 'new value' that would exempt those payments from avoidance as a preference in bankruptcy.
• LAW Offs. OF Alan J. Braverman, P.A. v. State of Fla. & Michael Oliveri
  564 So. 2d 190· Fla. 4th DCA· 1990-06-27 ·cited 2×
  An attorney's charging lien cannot attach to an acquittal in a criminal case, as there are no proceeds upon which the lien can attach.
• Dorthea Kaye Minnillo Neidermiller v. Amlong & Amlong, P.A.
  563 So. 2d 758· Fla. 4th DCA· 1990-06-13 ·cited 2×
  The Fourth District Court of Appeal affirmed the trial court's denial of a motion to vacate a default judgment foreclosing a charging lien held by an attorney firm. The court held that the appellant's challenge came too late, as she failed to object to the establishment of the ch
• Bailey v. Bailey
  546 So. 2d 104· Fla. 4th DCA· 1989-07-07 ·cited 2×
  A former husband appeals the denial of relief from judgment regarding an attorney's charging lien imposed against property he obtained in post-judgment dissolution proceedings. The court reversed, finding the trial court erred in granting the attorney's charging lien because the
• Gimbel v. Int'l Mailing & Printing Co., Inc.
  505 So. 2d 631· Fla. 4th DCA· 1987-04-15 ·cited 2×
  Gimbel appeals the denial of his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), seeking to set off a judgment recovered by the Seigel Estate against International against a judgment International obtained against Gimbel for aircraft depreciation.
• In re Sw. Rest. Sys., Inc. v. Stockton & Hing
  607 F.2d 1243· 9th Cir.· 1979-09-05 ·cited 2×
  The court held that an attorney's retaining lien on stock is subject to prior valid offsets against the client, and that garnishment served on the issuer can perfect a lien on stock even if the certificate is voided.
• United States v. Moulton & Powell
  188 F.2d 865· 9th Cir.· 1951-05-07 ·cited 2×
  The court held that the district court had the authority to order payment of attorneys' fees from funds deposited in the registry, recognizing a Washington state attorney's charging lien and the equitable principles governing trust funds.
• Kovar LAW Grp., PLLC v. Benchmark Consulting, Inc.
  332 So. 3d 47· Fla. 2d DCA· 2021-12-01 ·cited 1×
  The appellate court affirmed a trial court's decision to discharge an attorney's charging lien. The court held that collateral estoppel barred the attorney from relitigating the issue of whether they voluntarily withdrew from representation, as this issue had been decided in a pr
• GEICO Gen. Ins. Co. v. Steinger, Iscoe & Greene-Ii, P.A.
  275 So. 3d 775· Fla. 3d DCA· 2019-06-26 ·cited 1×
  An insurer that receives notice of an attorney's charging lien has an affirmative duty to protect that lien by notifying the attorney of settlement, including the attorney on the settlement check, or obtaining a written waiver or hold harmless agreement. GEICO's failure to take a
• Greenspoon Marder, P.A. v. Aura Teresa Gallardo Moscoso
  114 So. 3d 327· Fla. 3d DCA· 2013-05-15 ·cited 1×
  Greenspoon Marder appeals a trial court order striking an attorney's charging lien filed by its predecessor firm, Ruden McClosky, for unpaid hourly fees incurred before a contingency fee arrangement was implemented. The appellate court reversed, holding that the lien was properly
• DeMAYO v. Chames
  934 So. 2d 548· Fla. 3d DCA· 2006-06-14 ·cited 1×
  DeMayo appeals a judgment granting his former attorneys a charging lien on his homestead property to secure unpaid legal fees. The court holds that DeMayo's attempt to waive his constitutional homestead exemption in his retainer agreement is invalid because homestead protection c
• Freedman v. Fraser Eng'g & Testing, Inc.
  927 So. 2d 949· Fla. 4th DCA· 2006-03-15 ·cited 1×
  The appellate court, in a concurring and dissenting opinion, agreed that the trial court's reasoning for summary judgment in favor of the insurance company was incorrect and remanded for reconsideration, but disagreed that the claimant was entitled to summary judgment or attorney
• GTE Directories Corp. v. Ad-Vantage Telephone Directory
  892 F. Supp. 254· M.D. Fla.· 1995-04-27 ·cited 1×
  Attorneys' charging lien for reasonable compensation and expenses has priority over federal tax liens and other claims, and Michigan Bell's unperfected security interest is subordinate to federal tax liens.
• Bell v. Tr. of Hazel L. Surless
  Fla. 4th DCA· 2026-09-16
  A trial court abuses its discretion when it adopts substantial portions of a party's closing argument verbatim without demonstrating independent analysis, particularly when the order incorporates both parties' distinct citation styles and contains findings unsupported by the reco
• Valentino v. In re Est. of Pedro E. Andollo
  Fla. 3d DCA· 2025-04-30
  An attorney who has rendered services to a personal representative and asserts a claim for attorney's fees qualifies as an 'interested person' with standing in probate proceedings under Florida law.
• Cirillo v. Cirillo
  Fla. 2d DCA· 2025-03-05
  A trial court must include in a final dissolution judgment the parties' stipulated child support arrearage amount, and must reserve jurisdiction to address a charging lien timely filed by counsel before entry of final judgment.
• Assouline & Berlowe, P.A. v. 801 Hialeah Drive, LLC
  Fla. 3d DCA· 2025-02-12
  An attorney's charging lien may issue only when there is a client-attorney relationship and the attorney has actually recovered proceeds for the client; the lien cannot issue if no proceeds have been recovered.
• HLHL, P.A. v. Fidel Castro Ruz
  Fla. 3d DCA· 2024-04-17
  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
• Stratos v. Aig Prop. Cas. Co.
  S.D. Fla.· 2023-08-02
  The court held that the charging lien is valid and enforceable because the attorney-client contract, contingent fee basis, client's dispute over fees, and timely notice requirements were met, but the retaining lien could not be enforced.
• State Farm Auto. Ins. Co. v. Athans Chiropractic Inc.
  Fla. 2d DCA· 2022-10-07
  The appellate court quashed discovery orders compelling an insurance company to respond to a law firm's requests. The court found the law firm had no basis to claim a charging lien against the insurance company for a settlement, as the firm did not provide services or contribute
• Tolston v. Tolston
  Fla. 3d DCA· 2021-12-22
  Jennifer Tolston appeals eleven post-dissolution orders in a family law case, including orders concerning fees, contempt, the marital home sale, and attorney liens. She also petitions for writs of prohibition, mandamus, and certiorari regarding additional orders. The appellate co
• Scherer v. Andriotis
  Fla. 2d DCA· 2021-06-16
  The appellate court reversed a summary judgment that awarded a law firm its full contingency fee, finding the trial court erred in its calculation method. The court held that when a client terminates an attorney without cause before a contingency occurs, the attorney is entitled
• Benchmark Consulting, Inc v. USAA Cas. Ins. Co.
  M.D. Fla.· 2020-09-24
  The court held that an attorney's charging lien is denied when the attorney voluntarily withdraws from representation before a settlement or judgment, forfeiting their claim to fees, and fails to provide sufficient evidence for a quantum meruit recovery.
• Bent v. Ft. Lauderdale Hospitality, Inc.
  S.D. Fla.· 2020-07-22
  The court adopted the Magistrate Judge's recommendation to grant the attorney's charging lien for fees and costs, finding the plaintiff's objections untimely and based on a misinterpretation of the contract.
• Nees v. Bristol-Myers Squibb Co.
  N.D. Fla.· 2020-05-21
  The court held that the law firm satisfied the requirements for a valid charging lien, entitling them to attorney's fees and costs from the client's settlement funds.
• Benitez Jr. v. Leal
  272 So. 3d 506· Fla. 3d DCA· 2019-04-10
  # LEGAL BRIEF **Case:** Benitez Jr. v. Leal, 3D18-771 (Fla. 3d DCA 2019) **Holding:** The Third District Court of Appeal reversed and vacated a charging lien imposed on a client for unpaid attorney fees, holding that the attorney must pursue collection through an unsecured clai
• Broz v. Clark
  253 So. 3d 756· Fla. 3d DCA· 2018-08-22
  A clear and unambiguous settlement agreement must be enforced as written, and an attorney is entitled to enforce a charging lien against real property as specified in a court-approved settlement agreement when the property is sold. An attorney is not entitled to additional fees f
• Abt v. Metro Motors Ventures, Inc
  252 So. 3d 263· Fla. 4th DCA· 2018-07-25
  An attorney's charging lien is valid, but costs and attorney's fees incurred in prosecuting the lien itself cannot be recovered as part of that lien.
• Christopher N. Link, P.A. v. Anu RUT and Tomasz Rut
  165 So. 3d 768· Fla. 4th DCA· 2015-05-20
  An attorney's charging lien is inferior to a party's right to indemnification for attorney's fees arising from a marital settlement agreement where the indemnification right predates the attorney's retainer, the attorney challenged the agreement, and the attorney failed to create
• Higdon v. Terence Higdon
  135 So. 3d 416· Fla. 5th DCA· 2014-02-14
  Florence Higdon appealed an order granting an attorney's charging lien to her former dissolution attorneys David Garfinkel and GrayRobinson, P.A. The court reversed and remanded, finding the lien order was premature because it was entered during the pending dissolution action bef
• Jaffe & Hough, P.C. v. Baine
  29 So. 3d 456· Fla. 2d DCA· 2010-03-12
  Jaffe & Hough, a Pennsylvania law firm, sought review of a trial court's denial of its motion to dismiss for lack of personal jurisdiction in a summary proceeding filed by former clients (the Baines) to determine the firm's entitlement to a charging lien on settlement proceeds. T
• Mother v. Centlivre
  850 So. 2d 600· Fla. 4th DCA· 2003-07-09
  Nancy Murphy appeals a trial court judgment awarding her discharged attorney, Brian Hersh, $100,000 based on a quantum meruit claim for attorney's fees. The appellate court reversed, finding the trial court abused its discretion by relying on unsupported factual findings regardin
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• Leiby Taylor Stearns Linkhorst & Roberts, P.A. v. Wedgewood AIR Conditioning, Inc.
  801 So. 2d 127· Fla. 4th DCA· 2001-11-07
  An attorney's charging lien relates back to the date of the representation agreement and takes priority over a retaining lien filed later, even if the retaining lien is on funds already received.
• Winick v. Daddy's Money of Clearwater
  187 B.R. 750· M.D. Fla.· 1995-10-02
  The court held that the attorney's control over the debtor's funds and the lack of an arm's length transaction supported finding him an insider, and that he was not a secured creditor due to the fee agreement belonging to his former firm.
• Bodine v. Fed. Kemper Life Assurance Co.
  138 B.R. 88· M.D. Fla.· 1992-04-02
  The court held that the attorney's charging lien should be calculated on a quantum meruit basis, and prejudgment interest should accrue from the date of the attorney's discharge, not the initial trial judgment.
• Gentry v. Nadean O. Huff
  464 So. 2d 1307· Fla. 4th DCA· 1985-03-13
• Smith v. Daniel Mones, P.A.
  458 So. 2d 796· Fla. 3d DCA· 1984-10-16
  An attorney sought to retain settlement funds by claiming a charging lien on fees for a mechanic's lien action and a retaining lien for past unrelated legal services. The court reversed the trial court's denial of the clients' motion to recover the full $22,000, holding that the
• Stabinski & Funt, P.A. v. Baucom
  444 So. 2d 1067· Fla. 3d DCA· 1984-01-24
• O.C. Murders v. Alfred D. Bieley, P.A.
  424 So. 2d 973· Fla. 3d DCA· 1983-01-11
  This Florida appellate case addresses whether a creditor attorney can execute on a wife's interest in marital property when the wife has filed for bankruptcy. The court held that the automatic stay provision of the Bankruptcy Act bars the execution proceeding.
• Kenney v. Vandiver
  414 So. 2d 237· Fla. 4th DCA· 1982-05-05
  Attorney Kenney appeals the trial court's determination of his charging lien against settlement proceeds in a complex family litigation matter. The court awarded Kenney $10,000 based on an alleged initial agreement that fees would not exceed that amount, rejecting the effect of a
• Robbins v. The Honorable George ORR
  402 So. 2d 31· Fla. 3d DCA· 1981-07-21
• Herman A. Thomas, Inc. v. Sharpe
  309 So. 2d 592· Fla. 3d DCA· 1975-03-25
• Dolan v. Dolan
  32 Fla. Supp. 208· Palm Beach Cty. Cir. Ct.· 1969-09-05
  The court held that it lacked the authority to order the plaintiff to pay her attorneys a fee for services rendered in a separate maintenance proceeding.
• Seaward v. Jacksonville Terminal Co.
  17 Fla. Supp. 5· Duval Cty. Cir. Ct.· 1960-06-17
  The court held that the Railroad Retirement Board is entitled to reimbursement from the employee's recovery, and the employee's claim to the disputed sum is denied.