ELLA PASIN, APPELLANT,
v.
ROSA L. KROO, APPELLEE
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PER CURIAM.
This is an appeal from a final order enforcing a charging lien for attorney’s fees. Appellant, Ella Pasin, was the losing defendant in an action for specific performance of a contract to sell a condominium unit. Pasin was represented by the law firm of Smith, Mandler, Smith, Werner, Jacobowitz & Fried, P.A. which she had hired for the purpose of cancelling the contract. After the judgment had been entered, Smith & Mandler withdrew from the case and filed a notice of charging lien on the proceeds to be paid to Pasin pursuant to the sales contract which Pasin had tried to avoid.
An attorney’s lien, or charging lien on funds recovered for a client through the attorney’s services may issue only if there is a client-attorney relationship and the attorney has, in fact, recovered proceeds for his client. The lien may not issue if no proceeds have been recovered. Chancey v. Bauer, 97 F. 2d 293 (5th Cir. 1938). See, e.g., Conroy v. Conroy, 392 So. 2d 934 (Fla.2d DCA 1980), pet. for rev. denied, 399 So. 2d 1141 (Fla.1981). Pasin was the losing party so there was no recovery of funds. It was error to impose a $12,000.00 charging lien upon the proceeds from the sale of her real property.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Daniel Mones, P.A. v. Smith, 486 So. 2d 559 (Fla. 1986)…a notice of lien or otherwise pursue the lien in the original action. Sinclair, Louis, 428 So. 2d at 1385; Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (Fla. 5th DCA 1984). See Rosenkrantz v. Hall, 161 So. 2d 673 (Fla. 3d DCA 1964); Pasin v. Kroo, 412 So. 2d 43 (Fla. 3d DCA 1982); Fickle v. Adkins, 385 So. 2d 1141 (Fla. 3d DCA 1980). A summary proceeding in the original action represents the preferred method of enforcing an attorney’s charging lien in Florida. Sinclair, Louis, 428 So. 2d at 1385; Dowda, 45…
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Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (Fla. 5th DCA 1984)…0); In Re Warner's Estate, 160 Fla. 460, 35 So. 2d 296 (1948); Miller v. Scobie, 152 Fla. 328, 11 So. 2d 892 (1943); Scott v. Kirtley, 113 Fla. 637, 152 So. 721, 93 A.L.R. 661 (1933); Alyea v. Hampton, 112 Fla. 61, 150 So. 242 (1933); Pasin v. Kroo, 412 So. 2d 43 (Fla. 3d DCA 1982); Miles v. Katz, 405 So. 2d 750 (Fla. 4th DCA 1981); Conroy v. Conroy, 392 So. 2d 934 (Fla. 2d DCA 1980); de la Cruz v. Brown, 338 So. 2d 245 (Fla. 3d DCA 1976); Billingham v. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958); 7A C.J.S., A…
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Litman v. Fine, 517 So. 2d 88 (Fla. 3d DCA 1987)…has provided his services; the services must, in addition, produce a posi [*92] tive judgment or settlement4 for the client, since the lien will attach only to the tangible fruits of the services. Sinclair, Louis, 428 So. 2d at 1385; Pasin v. Kroo, 412 So. 2d 43 (Fla. 3d DCA 1982) (error to impose charging lien on money received by client from sale of condominium where attorney unsuccessfully defended client in suit for specific performance of condominium sale contract). And although it is said that a charg…1 / 2
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- Chancey v. Bauer, 97 F.2d 293 (5th Cir. 1938)
- Conroy v. Conroy, 392 So. 2d 934 (Fla. 2d DCA 1980)