JAMES A. BONFIGLIO, PETITIONER,
v.
DANIEL HAMPTON, RESPONDENT
Explore caselaw by topic → Browse Attorney'S Retaining Lien cases and more on FLexlaw
PER CURIAM.
Petitioner James A. Bonfiglio, an attorney, seeks issuance of a writ of certiorari quashing a trial court order granting his former client’s motion for return of documents, notwithstanding petitioner’s retaining lien against the client file and documents in his possession. We grant the petition and quash the trial court order requiring return of the documents, and the order denying rehearing therefrom. Smith v. Patton, 562 So. 2d 859 (Fla. 1st DCA 1990); Dowda and Fields, P.A. v. Cobb, 452 So. 2d 1140 (Fla. 5th DCA 1984).
In doing so, we acknowledge that the underlying lawsuit from which the attorney’s retaining lien arose has been settled. However, petitioner’s lien remains to be resolved. Thus the controversy is not moot. Hutchins v. Hutchins, 522 So. 2d 547 (Fla. 4th DCA 1988).
GLICKSTEIN, J., and WALDEN, JAMES H., (Retired), Associate Judge, concur. GUNTHER, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Singer Island Ltd., Inc. v. Budget Constr. Co., Inc., 714 So. 2d 651 (Fla. 4th DCA 1998)…We view motions to disqualify on this ground with some skepticism, because they are sometimes filed for tactical or harassing reasons, rather than the proper reason, rule 4-3.7, Rules Regulating the Florida Bar. See Arcara v. Philip M. Warren, P.A., 574 So. 2d 325 (Fla. 4th DCA 1991) (citing Galarowicz v. Ward, 119 Utah 611, 230 P. 2d 576 (1951)(ob-ject of canon of ethics that lawyer should avoid testifying was to avoid putting attorney in predicament of having to argue credibility of his own testimony; not t…
-
Allstate Ins. Co. v. Bowne, 817 So. 2d 994 (Fla. 4th DCA 2002)…pt to cause the parties unnecessary expense. It bears repeating that the disqualification of a party’s lawyer in a civil case is an immensely unusual remedy, one that must be employed only in limited circumstances. Arcara v. Philip M. Warren, P.A., 574 So. 2d 325, 326 (Fla. 4th DCA 1991); General Accident Insurance Co. v. Borg-Warner Acceptance Corp., 483 So. 2d 505 (Fla. 4th DCA 1986); see also Freeman v. Chicago Musical Instrument Co., 689 F. 2d 715, 721-22 (7th Cir.1982) (“we also note that disqualificati…
-
Swensen's ICE Cream Co. v. Voto, Inc., 652 So. 2d 961 (Fla. 4th DCA 1995)…ident and counsel, and because of the two letters McHugh wrote on Voto’s behalf. The trial court recognized that disqualification of an attorney is an extraordinary remedy that should be resorted to only sparingly. Arcara v. Philip M. Warren, P.A., 574 So. 2d 325 (Fla. 4th DCA 1991). However, the court concluded that McHugh cannot act as an advocate at a trial in which [*962] he is likely to be a witness to a contested matter where the issue is more than a formality. The court did not agree with Swen-sen’s t…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (Fla. 5th DCA 1984)
- Hutchins v. Hutchins, 522 So. 2d 547 (Fla. 4th DCA 1988)
- Jeraldine Williams Smith v. James and Barbara Patton, 562 So. 2d 859 (Fla. 1st DCA 1990)