Enforcement Of Charging Lien

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

• Sinclair v. Baucom
  428 So. 2d 1383· Fla.· 1983-03-17 ·cited 175×
  The Florida Supreme Court resolved a conflict in lower court decisions regarding an attorney's right to enforce a charging lien when a client settles litigation against the attorney's advice. The Court held that attorneys are entitled to enforce charging liens to secure payment o
• Chames v. DeMAYO
  972 So. 2d 850· Fla.· 2007-12-20 ·cited 43×
  The Florida Supreme Court held that a homeowner cannot waive the constitutional homestead exemption from forced sale through an unsecured agreement, such as a retainer agreement with an attorney. The court reaffirmed over 120 years of precedent, rejecting arguments based on a con
• 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.
• Roberta Santini, M.D. v. Cleveland Clinic Fla.
  65 So. 3d 22· Fla. 4th DCA· 2011-05-11 ·cited 38×
  Dr. Santini appeals a trial court order enforcing a charging lien filed by her former attorney Miller, who withdrew representation due to bar suspension before the contingency (successful settlement) occurred. The appellate court reversed, holding that Miller forfeited all compen
• 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
• Robin Roshkind, P.A. v. MacHiela
  45 So. 3d 480· Fla. 4th DCA· 2010-07-14 ·cited 27×
  A law firm appeals the denial of its motion for attorney's fees based on a charging lien, arguing that independent expert witness testimony should not be required to enforce fees against its own client under a valid retainer agreement. The court affirms the trial court's denial b
• 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
• 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.
• Gossett & Gossett, P.A. v. Mervolion
  941 So. 2d 1207· Fla. 4th DCA· 2006-11-15 ·cited 22×
  Gossett & Gossett, P.A. appealed a trial court judgment that enforced its charging lien against client Arlene Flori for a reduced amount based on 'reasonable fees' rather than the contractually agreed amount, and denied recovery of attorney's fees for enforcing the lien. The Four
• 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.
• 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.
• Trend Coin Co. v. Fuller, Feingold & Mallah, P.A.
  538 So. 2d 919· Fla. 3d DCA· 1989-01-31 ·cited 19×
  Fuller Feingold & Mallah sought recovery of attorney's fees under a contingency fee agreement after being discharged by client Trend Coin Company before the contingency occurred. The trial court awarded the full contract fee, but the appellate court reversed, holding that dischar
• 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
• Zaldivar v. Okeelanta Corp. & Alexis
  877 So. 2d 927· Fla. 1st DCA· 2004-07-26 ·cited 16×
  The Florida First District Court of Appeal reversed the dismissal of an attorney's charging lien for attorney's fees under Rule 4.075(e) for lack of prosecution. The court held that charging liens, as equitable rights distinct from claims for attorney's fees, are not subject to t
• Franklin & Marbin, P.A. v. Mascola
  711 So. 2d 46· Fla. 4th DCA· 1998-03-18 ·cited 16×
  A law firm appeals the trial court's reduction of its hourly-rate fee agreement with a discharged client in a paternity case from $19,561 to $6,800. The court holds that absent a determination that the fee is illegal, prohibited, or clearly excessive under Florida Bar rules, the
• Franz Edward Mitchell v. Coleman
  868 So. 2d 639· Fla. 2d DCA· 2004-03-17 ·cited 15×
  Mitchell appeals a charging lien judgment imposed in favor of his attorney Coleman for fees in his dissolution case. The court reverses in part because the lien's scope was too broad, not being limited to property actually recovered through the attorney's efforts, and remands for
• Rosenthal, Levy & Simon, P.A. v. Scott
  17 So. 3d 872· Fla. 1st DCA· 2009-09-14 ·cited 14×
  A law firm discharged before settlement sought recovery of fees based on a quantum meruit charging lien for services rendered in a workers' compensation case. The court held that the 2003 statutory reforms to Florida's workers' compensation fee statute did not implicitly eliminat
• 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.
• Afrazeh v. Miami Elevator Co. OF Am.
  769 So. 2d 399· Fla. 3d DCA· 2000-08-09 ·cited 12×
  Amir Afrazeh appealed an order awarding attorney's fees to two of his former attorneys following an elevator accident settlement. The court affirmed the fee award to Klemick but reversed and reduced the fee award to Smyler due to lack of evidence and professional conduct violatio
• 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
• Naftzger v. Elam
  41 So. 3d 944· Fla. 2d DCA· 2010-07-16 ·cited 11×
  Brenda Naftzger appeals a trial court judgment enforcing attorney B. Lee Elam's charging lien for $12,000 in fees after the premises liability action was dismissed. The Florida appellate court reversed, holding that the trial court lacked jurisdiction to enforce the charging lien
• THE Mineo Salcedo LAW Firm. P.A. v. Loly Cesard and Yanite Jean
  333 So. 3d 222· Fla. 4th DCA· 2022-01-12 ·cited 10×
  The appellate court reversed a trial court's denial of an attorney's charging lien, finding that factual questions remained regarding whether the law firm's withdrawal from representation was voluntary or involuntary due to a client's Bar complaint. The case was remanded for furt
• 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
• 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
• Baucom v. Baucom
  397 So. 2d 347· Fla. 3d DCA· 1981-04-07 ·cited 8×
  The court affirmed dismissal of claims against the wife's first law firm (Sinclair, Louis, Siegel & Heath) because the settlement was made in good faith with no intent to defraud them, but reversed and remanded as to the second firm (Stabinski, Funt, Levine & Vega) because they p
• Sabal Constr. & Roofing, LLC v. W. World Ins. Co.
  424 F. Supp. 3d 1136· M.D. Fla.· 2022-10-21 ·cited 7×
  The court held that it would decline to exercise supplemental jurisdiction over a former law firm's charging lien dispute, as the issue involved complex state law ethical questions best resolved by a state court.
• 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
• 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
• 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.
• Parrish & Yarnell, P.A. v. Spruce River Ventures, LLC
  180 So. 3d 1198· Fla. 2d DCA· 2015-12-11 ·cited 6×
  Parrish & Yarnell appeals a circuit court order striking its charging and retaining lien against former client Spruce River Ventures. The court erred by deciding the lien's merits on a motion to strike without taking evidence, when factual disputes existed that required an eviden
• 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
• Martin L. Haines, III, Chartered v. Sophia
  711 So. 2d 209· Fla. 4th DCA· 1998-05-20 ·cited 6×
  A family law attorney sought to enforce a charging lien and collect additional attorney fees after being discharged by the client mid-representation. The trial court denied the additional fees, finding the hourly billing records contained excessive, duplicative, and unreasonable
• LAW Off. OF Sara Lawrence, P.A. v. Livingston
  702 So. 2d 616· Fla. 4th DCA· 1997-12-17 ·cited 6×
• 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
• 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
• Clark v. The Est. OF Johnie Vaden Elrod & H. Vernon Davids
  61 So. 3d 416· Fla. 2d DCA· 2011-04-01 ·cited 4×
  Clark appeals a judgment enforcing his former attorney Davids' charging lien for unpaid fees across three representation periods. The court reversed the award for the first stint as barred by the statute of limitations, but affirmed the quantum meruit recovery for the second stin
• 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
• 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
• Morales v. Morales
  388 So. 3d 901· Fla. 3d DCA· 2024-01-03 ·cited 3×
  An attorney's charging lien against a client is a separate contractual matter from the court's award of fees in a dissolution proceeding, and the magistrate's determination that certain fees were excessive for purposes of indemnification between spouses does not preclude the atto
• 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.
• 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
• Parker Waichman LLP v. R.J. Reynolds Tobacco Co.
  288 So. 3d 726· Fla. 4th DCA· 2019-10-02 ·cited 2×
  Parker Waichman LLP appeals a trial court order discharging its charging lien and awarding it quantum meruit fees instead of the full contingency fee in a tobacco litigation case. The firm sought the entire contingency fee earned after its associate attorney Jordan Chaikin depart
• 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
• Flynn v. Sarasota Cnty. Pub. Hosp. Bd.
  169 F. Supp. 2d 1363· M.D. Fla.· 2001-10-15 ·cited 2×
  The court held that former counsel was not entitled to additional attorney's fees or a charging lien because there was no agreement for an enhanced fee and the charging lien was untimely filed.
• Soule, Leal & Assocs., P.A. v. Zipnick
  770 So. 2d 1282· Fla. 4th DCA· 2000-11-15 ·cited 2×
  A law firm sought to enforce a charging lien for unpaid attorney's fees after being discharged by a client in a dissolution proceeding. The trial court approved a stipulated settlement between the divorcing spouses that left the client with no assets against which the firm could
• 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