MIRIAM HERNANDEZ, APPELLANT,
v.
MAYRA HERNANDEZ ALONSO, ET AL., APPELLEES

Fla. 3d DCA | 1995-09-06
No. 95-3
Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.
660 So. 2d 349 Florida District Court of Appeal, Third District (1995)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ms. Hernandez appeals the trial court's grant of a charging lien to her former attorney, Galardi, in the amount of $4,771.65. The court reversed and remanded because the trial court failed to make factual findings regarding whether Galardi was justified in withdrawing his representation before the dissolution action concluded.


Holding

The trial court's order granting the charging lien was reversed and remanded. The motion for the charging lien was timely filed, but the court could not review the issue of entitlement to the lien without an evidentiary hearing and factual findings regarding whether the attorney was justified in withdrawing representation before the proceeding concluded.


Headnotes

[1] A motion for the imposition of a charging lien is timely if filed prior to the rendition of the final judgment in the underlying action.

[2] A court cannot review a claim of entitlement to a charging lien without an evidentiary hearing and factual findings regarding the attorney's justification for withdrawal…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“we are unable to review the issue of Mr. Galardi's entitlement to the hen absent an evidentiary hearing and factual findings by the trial court as to whether Mr. Galardi was justified in withdrawing his representation of Ms. Hernandez prior to the conclusion of the proceeding below”

Establishes that factual findings regarding the justification for withdrawal are necessary before a charging lien can be properly imposed

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Ms. Hernandez retained attorney Galardi in July 1994 to represent her as an intervenor in a dissolution action, paying a $4,500 retainer and executing…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
GREEN, Judge.

GREEN, Judge.

Miriam Hernandez appeals the trial court’s entry of a final order granting a charging hen in the sum of $4,771.65 in favor of her former counsel, Dino Galardi. Ms. Hernandez challenges both the timeliness of and the entitlement to this lien where Mr. Galardi withdrew his representation against the wishes of Ms. Hernandez prior to the conclusion of the dissolution action below.

On or about July 27, 1994, Ms. Hernandez retained Mr. Galardi to represent her as an intervenor in the dissolution action below. Ms. Hernandez gave Mr. Galardi a retainer fee in the amount of $4,500.00. She also executed a retainer agreement acknowledging Mr. Galardi’s right to a charging lien for all unpaid funds due his firm for legal services rendered.

On October 3,1994, prior to the trial below, Mr. Galardi filed an emergency motion to -withdraw based on unspecified conflicts with Ms. Hernandez. Ms. Hernandez filed a pro se response in opposition to the motion. The motion was properly noticed for hearing but Ms. Hernandez failed to attend.

The trial court granted the motion but made no written findings as to whether a conflict existed sufficient enough to justify Mr. Galardi’s voluntary withdrawal from the ease. Ms. Hernandez subsequently retained other counsel to represent her in the matter at a cost of $5,000.00. After the conclusion of the final hearing on the action below but prior to the court’s rendition of its final judgment, Mr. Galardi sought and was granted a charging hen in his favor by the court in the sum of $4,771.65. In so doing, the trial court specifically found the hourly rates charged and the number of hours billed by Mr. Galardi to Ms. Hernandez to be reasonable.

Initially, we reject Ms. Hernandez’s contention that Mr. Galardi’s motion for the imposition of the lien was untimely when it was filed prior to the trial court’s rendition of its final judgment. See Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A v. Baucom, 428 So. 2d 1383, 1385 (Fla.1983). Next, we find that we are unable to review the issue of Mr. Galardi’s entitlement to the lien absent an evidentiary hearing and factual findings by the trial court as to whether Mr. Galardi was justified in withdrawing his representation of Ms. Hernandez prior to the conclusion of the proceeding below. See Faro v. Romani, 641 So. 2d 69 (Fla.1994). We therefore reverse the order imposing the charging hen and remand for such an evidentiary hearing and findings by the trial court.

Reversed and remanded with instructions.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw