►2008 (9)
Sunday, March 14, 2010
Charging Lien Not Proper Prior To Entry Of Judgment
In Walia v. Hodgson Russ LLP (4D09-457), the Fourth District reversed the imposition of a charging lien. A charging lien:
[t]he charging lien is an equitable right to have costs and fees due an attorney for services in the suit secured to him in the judgment or recovery in that particular suit. It is not enough to support the imposition of a charging lien that an attorney has provided his services; the services must, in addition, produce a positive judgment or settlement for the client, since the lien will attach only to the tangible fruits of the services.
Rudd v. Rudd, 960 So. 2d 885, 887 (Fla. 4th DCA 2007).
An essential prerequisite to imposition of a charging lien is that the underlying litigation produces a positive judgment or settlement – in other words, some “tangible fruits of the attorney’s service” for the benefit of the client. If the litigation produces no judgment of monetary value for the client, the court may not impose a charging lien for the attorney’s benefit.
Because a judgment had not been entered, the charging lien was not proper.
Posted by Jeffrey Kuntz at 2:02 PM
1 comments:
If a judgement has been entered but is under appeal and has not yet been ruled on by the appelate court, can a charging lien be filed. Doesn't the appeal make the judgement ineffective until the appleate court rules.
Post a Comment
Subscribe to: Post Comments (Atom)
Courts
- U.S. Supreme Court
- Florida Supreme Court
- First DCA
- Second DCA
- Third DCA
- Fourth DCA
- Fifth DCA
- Eleventh Circuit
- Middle District of Florida
- Northern District of Florida
- U.S. Courts
- Florida's Court System
- Florida Supreme Court Docket
- DCA Dockets
Florida Legal Websites and Blogs
- The Florida Bar
- Florida Voluntary Bar Associations
- Florida Law Update
- TallyInsLaw
- Florida IP
- Brent Britton
- Alternative Dispute Resolution in Florida
- Florida Appellate Review
- Abstract Appeal
- Miami Florida Bankruptcy Blog
- Florida Probate and Trust Litigation Blog
- Florida Asset Protection Blog
- The Appellate Gourmet
- Southern District of Florida Blog
- Florida Jury Selection Blog
- Sayfie Review
Florida Court Useful Documents
- Florida Supreme Court Internal Operating Procedure
- Florida Supreme Court Filing Instructions
- First DCA IOP
- First DCA Attorney Notice
- First DCA e-DCA Filing
- Second DCA IOP
- Second DCA Attorney Notice
- Third DCA Attorney Notice
- Third DCA Electronic Filing Order
- Fourth DCA IOP
- Fourth DCA Attorney Notice
- Fourth DCA Electronic Filing Procedure
- Fifth DCA Attorney Notice
- Fifth DCA Electronic Filing Order
Federal Court Useful Documents
- Federal Rules
- Federal Court Forms (Civil)
- Federal Forms (Appellate)
- U.S. Supreme Court Rules
- 11th Cir. IOP & Rules
- 11th Cir. Electronic Filing Instructions
- 11th Cir. Forms and Documents
- 11th Cir. Briefing & Filing Instructions
- Northern District of Florida Local Rules
- Middle District of Florida Local Rules
- Middle District of Florida Discovery Handbook
- Southern District of Florida Rules and Procedures
- Southern District of Florida Local Rules
- Southern District of Florida IOP
- Southern District of Florida Case Management Administrative Procedures
- Southern District of Florida New Civil Case Opening Guide
- Southern District of Fla. Case Management CM/ECF Admin. Procedures
Other Links
- SCOTUS Blog
- How Appealing
- Media and Communications Law Society
- West Virginia Business Litigation
- WSJ Law Blog
- ERISA Board
- Health Plan Law
- Electronic Discovery Law
- Adjunct Law Prof Blog
- Tablet Legal
- Becker-Posner Blog
- Journal of High Technology Law
- Above the Law
- Blog of Legal Times
- Oyez - Supreme Court Media
- Front Page of US Newspapers (Newseum)
Legal Research and Citation
- Florida Constitution
- Florida Statutes
- Florida Rules of Procedure
- Florida Administrative Weekly and Administrative Code
- Florida Legislature
- Florida Attorney General Opinions
- Florida Supreme Court Briefs and Opinions
- Florida Supreme Court Oral Arguments (1997-present)
- Florida's Pro Se Appellate Handbook
- Florida Legal Research Blog
- LII - Supreme Court Collection
- Office of the Solicitor General
- Public Library of Law
- Florida Style Manual
- The Bluebook
- Introduction to Basic Legal Citation
- 2010 Handbook on Discovery Practice
Historical Societies
- U.S. Supreme Court Historical Society
- Florida Supreme Court Historical Society
- Eleventh Circuit Historical Society
- Third DCA Historical Society
Jury Instructions
- Florida Supreme Court Standard Jury Instructions (Civil)
- 11th Circuit Pattern Jury Instructions (Civil)
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice). By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. By using this blog site you understand that any statement on the blog site are solely those of the author. By using this blog site you understand that the Blog/Web Site is not affiliated with or approved by anyone other than the author. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.
