Enforcement Of Charging Lien

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

• 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
• Henry T. Courtney & the Courtney Law Firm v. Hall-Edwards
  134 So. 3d 543· Fla. 3d DCA· 2014-03-12
  A discharged attorney sought to enforce a charging lien for $114,250 in stipulated reasonable fees after his initial work on a personal injury case resulted in a $19 million jury verdict and settlement. The trial court denied any fee award, reasoning that successor counsel's effo
• Bruton v. Carnival Corp.
  712 F. Supp. 2d 206· S.D. Fla.· 2012-08-21
  The court held that it lacked federal jurisdiction to adjudicate a former attorney's charging lien because the dispute was not ancillary to the main litigation and did not arise from work performed in the case. Furthermore, under Florida law, the lien was defective due to untimel
• Morroni v. Philip L. Burnett, P.A.
  38 So. 3d 195· Fla. 2d DCA· 2010-06-02
  Morroni and Burnett disputed the terms of a contract requiring reimbursement for legal services from settlement proceeds of promissory note litigation. The court affirmed the enforcement of a charging lien on consolidated settlement proceeds but reversed the circuit court's refus
• JAY v. Trazenfeld
  952 So. 2d 635· Fla. 4th DCA· 2007-04-04
  Two co-counsel disputed the division of a contingency fee earned in a legal malpractice case. The trial court awarded the entire fee to Trazenfeld and dissolved Jay's charging lien, but the appellate court reversed, holding that Jay is entitled to 25% of the fee based on an oral
• 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
• 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.
• Steinberg, Wohl & Merlin, P.A. v. Leyman
  524 So. 2d 503· Fla. 4th DCA· 1988-05-11
  The court held that the trial court erred in denying the law firm's claim for attorney's fees due to a lack of jurisdiction, as the claim survives the client's death.
• 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.