FRANCINE GALE WOLFE, APPELLANT,
v.
CHARLES WARREN WOLFE, AND GOSSETT, MCDONALD, GOSSETT & CRAWFORD, P.A., APPELLEES
FRANCINE GALE WOLFE, APPELLANT,
CHARLES WARREN WOLFE, AND GOSSETT, MCDONALD, GOSSETT & CRAWFORD, P.A., APPELLEES
540 So. 2d 901
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
After a final hearing and the subsequent entry of final judgment, both without notice to the appellant’s former attorney who had filed a charging lien, the trial court entered an amended judgment retaining jurisdiction to decide the lien claim. We affirm.
We reject appellant’s contention that an attorney’s charging lien filed shortly after the attorney’s withdrawal, but during the pendency of the underlying dissolution proceedings, was untimely and inadequate to preserve the claim and to provide timely notice to the appellant of the claim. Zimmerman v. Livnat, 507 So. 2d 1205 (Fla. 4th DCA 1987).
ANSTEAD, GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rudd v. Rudd, 960 So. 2d 885 (Fla. 4th DCA 2007)…higher than the amount stated in the notice of charging lien. We find this argument without merit. Charging liens filed during the pendency of a proceeding may be filed before or after an attorney’s withdrawal in that proceeding. See Wolfe v. Wolfe, 540 So. 2d 901, 901 (Fla. 4th DCA 1989). Shafer properly filed his notice of charging lien after his withdrawal but pri- or to final judgment in appellant’s case. See Brydger v. Wolfe, 847 So. 2d 1074, 1076 (Fla. 4th DCA 2003). The notice of charging lien filed by…
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Gordon C. Brydger, P.A. v. Wolfe, 847 So. 2d 1074 (Fla. 4th DCA 2003)…25, 2003); Gaebe, Murphy, Mullen & Antonelli v. Bradt, 704 So. 2d 618 (Fla. 4th DCA 1997); Citizens & Peoples Nat’l Bank of Pensacola v. Futch, 650 So. 2d 1008 (Fla. 1st DCA 1994); Newton v. Kiefer, 547 So. 2d 727 (Fla. 2d DCA 1989); Wolfe v. Wolfe, 540 So. 2d 901 (Fla. 4th DCA 1989); Hutchins v. Hutchins, 522 So. 2d 547 (Fla. 4th DCA 1988). Here, the record shows that notice was perfected as to both former wife and former husband. The notice of claim for charging lien and money judgment filed in the action…
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Offs. Togolais Des Phosphates v. Mulberry Phosphates, Inc., 62 F. Supp. 2d 1316 (M.D. Fla. 1999)…l, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1384 (Fla.1983). Accordingly, this court reserves jurisdiction to adjudicate the charging lien. See Newton v. Kiefer, 547 So.2d 727 (Fla. 2d DCA 1989); Wolfe v. Wolfe, 540 So.2d 901 (Fla. 4th DCA 1989). The Clerk of Court is directed to enter judgment in favor of plaintiff Offices Togo-lais des Phosphates and against defendant Mulberry Phosphates Inc., consistent with this decision. DONE and ORDERED. ORDER THIS…
Authorities Cited
- Zimmerman v. Eliezer J. Livnat and Esther Livnat, 507 So. 2d 1205 (Fla. 4th DCA 1987)