CYNTHIA R. LYNN, APPELLANT,
v.
ALLSTAR STEAKHOUSE & SPORTS BAR, INC., A FLORIDA CORPORATION, APPELLEE
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Cynthia R. Lynn appeals an order granting her former attorney Dennis J. Plews a charging lien of $12,500 for services rendered on her personal injury claim. The appellate court affirms the trial court's decision due to the absence of an evidentiary transcript, which prevented meaningful appellate review.
The appellate court affirmed the charging lien award because the incomplete record prevented meaningful appellate review. Under Faro v. Romani, an attorney who voluntarily withdraws before the contingency occurs normally forfeits compensation, but may recover if the client's conduct made continued performance impossible or would violate ethical rules.
[1] An appellate court must affirm a trial court's order when the appellate record lacks a transcript of the evidentiary hearing or a stipulated statement of the evidence and…
[2] An attorney who voluntarily withdraws from representation before the occurrence of a contingency forfeits all rights to compensation, unless the client's conduct makes co…
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“an attorney withdraws from representation upon his own volition, and the contingency has not occurred, the attorney forfeits all rights to compensation.”
States the general rule that attorneys lose compensation rights when they voluntarily withdraw before the contingency occurs.
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Join FLexlaw to unlock all legal intelligenceMs. Lynn hired Mr. Plews in April 1995 to represent her in a personal injury claim. In May 1996, Mr. Plews filed motions to withdraw and for a chargin…
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CASANUEVA, Judge.
Cynthia R. Lynn appeals an order awarding her former attorney, Dennis J. Plews, a charging lien. Due to the lack of a transcript of the evidentiary hearing or a stipulated statement of the evidence and proceedings pursuant to Florida Rule of Appellate Procedure 9.200(b)(4), we are compelled to affirm.
From the incomplete record provided in this appeal, certain facts are ascertainable. Ms. Lynn hired Mr. Plews to represent her in a personal injury claim in April 1995. On May 9,1996, Mr. Plews filed two motions; first, a motion for leave to withdraw alleging irreconcilable differences arising between counsel and client; and second, a motion for a charging lien alleging the discharge of his client was with cause. The motion to withdraw was granted in May 1996. Ms. Lynn then obtained new counsel who settled her claim for $55,-000. The last offer obtained by Mr. Plews was $5,000.
At the hearing for charging lien, the trial court granted Mr. Plews a charging lien in the amount of $12,'500 plus interest. The trial court found counsel had expended 50 hours in service to Ms. Lynn and that $250 per hour was a reasonable rate for those services. Additionally, the trial court determined Ms. Lynn had breached her contract with Mr. Plews.
In Faro v. Romani, 641 So. 2d 69, 71 (Fla.1994), our supreme court held that when “an attorney withdraws from representation upon his own volition, and the contingency has not occurred, the attorney forfeits all rights to compensation.” This rule is tempered by the court’s further holding that “if the client’s conduct makes the attorney’s continued performance of the contract either legally impossible or would cause the attorney to violate an ethical rule,” the withdrawing attorney may still be entitled to a fee. Id.
Although at the time of Mr. Plews’ withdrawal the contingency had not occurred, in the absence of an evidentiary record we are unable to conclude that the trial court erred. It may well be that Ms. Lynn’s conduct did not rise to a level rendering the contract impossible of performance or would not cause her counsel to violate an ethical rule, but without this necessary evidentiary record, we cannot say so. The order on its face does not reveal either error or an abuse of discretion. See Chatman v. London, 579 So. 2d 305 (Fla. 2d DCA 1991); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
Affirmed.
BLUE, A.C.J., and SALCINES, J„ Concur.
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Kadanec v. Kadanec, 765 So. 2d 884 (Fla. 2d DCA 2000)…allenges the trial court’s order finding him in contempt of court. Because there is no transcript of the proceedings, this court may reverse only if an error of law appears on the face of the order. See Lynn v. Allstar Steakhouse & Sports Bar, Inc., 736 So. 2d 722 (Fla. 2d DCA 1999); Whelan v. Whelan, 736 So. 2d 732 (Fla. 4th DCA 1999). The trial court’s order on the Wife’s motion for contempt and motion for enforcement of final judgment finds the Husband in civil contempt for failing to pay the Wife “$20,945…
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Frank E. DePENA, Esq., of DePena & DePena, P.A. v. Cruz, 884 So. 2d 1062 (Fla. 2d DCA 2004)…at the two enumerated exceptions in Faro are the only circumstances that justify a finding that the attorney was entitled to the fee. See Liberty Mut. Ins. Co. v. Holbrook, 861 So. 2d 1216 (Fla. 2d DCA 2003); Lynn v. Allstar Steakhouse & Sports Bar, 736 So. 2d 722 (Fla. 2d DCA 1999); Calley v. Thomas M. Woodruff, P.A., 751 So. 2d 599, 600 (Fla. 2d DCA 1998). Since DePena acknowledges both that it was not legally impossible for him to continue his representation of Appellees and that he did not consider their…
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Voisin v. Voisin, 794 So. 2d 649 (Fla. 2d DCA 2001)…d statement of the evidence and proceedings pursuant to Florida Rule of Appellate Procedure 9.200(b)(4), we are compelled to affirm. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); Lynn v. Allstar Steakhouse & Sports Bar, Inc., 736 So. 2d 722 (Fla. 2d DCA 1999). Affirmed. PARKER, A.C.J., and CASANUEVA, J., Concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Faro v. Robert V. Romani and Farish, 641 So. 2d 69 (Fla. 1994)
- Manicia Chatman v. London, 579 So. 2d 305 (Fla. 2d DCA 1991)