CHARLOTTE B. KEISTER, PETITIONER,
v.
HONORABLE MARK E. POLEN, CIRCUIT JUDGE OF THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA, AND BOYER, TANZLER & BOYER, P.A., RESPONDENTS
Explore caselaw by topic → Browse Charging Lien cases and more on FLexlaw
PER CURIAM.
Charlotte B. Keister brings this petition for writ of certiorari or in the alternative, petition for writ of prohibition. Petitioner requests this court to quash an order of the trial judge which imposed a charging lien against her funds, and to prohibit the judge from proceeding to determine the amount of the charging lien.
The final judgment entered in this dissolution proceeding contained an express reservation of jurisdiction to award attorney’s fees only to counsel of record for the husband. It did not contain a reservation of jurisdiction to award attorney’s fees to respondent Boyer, Tanzler & Boyer, P.A., counsel for the wife. Without such an express reservation the trial court did not have jurisdiction to grant respondent’s motion to impose a charging lien. See Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976); Patin v. Popino, 459 So. 2d 435 (Fla. 3d DCA 1984).
Accordingly, we grant certiorari and quash the trial court’s order granting respondent’s motion to impose a charging lien and reserving jurisdiction to determine the amount thereof.
WRIT GRANTED.
GLICKSTEIN, DELL and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Travelers Cas. & Sur. Co. of Am. v. Culbreath Isles Prop. Owners Ass'n, Inc., 103 So. 3d 896 (Fla. 2d DCA 2012)…as reserved jurisdiction for the sole purpose of awarding attorney’s fees, it exceeds that jurisdiction by granting relief on any other basis. See Weiland v. Weiland, 814 So. 2d 1252, 1253 (Fla. 2d DCA 2002); Keister v. Polen ex rel. Bro-ward Cnty., 471 So. 2d 656, 657 (Fla. 4th DCA 1985). The Association argues that the circuit court had jurisdiction to proceed under its inherent continuing jurisdiction to enforce the final judgment. See Dade Cnty. v. Richter’s Jewelry Co., 223 So. 2d 375, 376-77 (Fla. 3d D…
-
Vazquez v. Vazquez, 512 So. 2d 1045 (Fla. 3d DCA 1987)…al motions has expired, the trial court may not, absent factors not present here, see e.g., Fla.R. Civ.P. 1.540, entertain any further motions in the case unless it specifically retained jurisdiction to do so in its final judgment. Keister v. Polen, 471 So. 2d 656 (Fla. 4th DCA 1985); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976); see Patin v. Popino, 459 So. 2d 435 (Fla. 3d DCA 1984). The trial court retained jurisdiction to determine the amount of attorneys’ fees to which Mrs. Vazquez was entitled bu…
-
Weiland v. Dorelle Weiland, Robert Koop Johnson & Robert Koop Johnson, P.A., 814 So. 2d 1252 (Fla. 2d DCA 2002)…es only to the wife’s attorney. Without an express reservation of jurisdiction to award attorney’s fees to the husband’s attorney, the trial court was without jurisdiction to grant Mr. Johnson’s motion to impose a charging hen. See Keister v. Polen, 471 So. 2d 656, 656 (Fla. 4th DCA 1985); see also Feltman v. Feltman, 721 So. 2d 424 (Fla. 4th DCA 1998). Accordingly, we reverse the order granting the charging lien and conclude that we need not address the remaining issues raised on appeal. Reversed. GREEN…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Melvyn B. Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976)
- Patin v. Popino, 459 So. 2d 435 (Fla. 3d DCA 1984)