SHELOWITZ, SHELOWITZ, TERRELL & COFFEY, P.A., PETITIONER,
v.
HORTENSE PETERS, RESPONDENT
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PER CURIAM.
Former counsel for the wife in an ongoing dissolution of marriage proceeding seeks review of a nonfinal order granting her motion to release discovery papers to her, in spite of her delinquency in paying fees she owes the firm. The firm filed a notice of retaining lien. We grant the petition.
In granting release of the files, the trial court stated that the “firm does not have a contract or a court order granting a retaining lien.” But the firm did have an implied-in-fact contract, even if not written, and did not need a court order to maintain its lien. Andrew Hall & Assocs. v. Ghanem, 679 So. 2d 60, 61-62 (Fla. 4th DCA 1996).
The order on review is capable of causing irreparable harm to the firm’s retaining lien. Rutherford, Mulhall & Wargo, P.A. v. Antidormi, 695 So. 2d 1300 (Fla. 4th DCA 1997). Accordingly, the petition is granted and the order is hereby quashed.
Petition Granted.
POLEN, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sandy T. FOX, Esquire & Sandy T. Fox, P.A. v. Tommy Widjaya & Maria Guerra-Perez, 201 So. 3d 26 (Fla. 3d DCA 2013)…of law. Ghanem, 679 So. 2d at 62; Wintter, 618 So. 2d at 377. The order, if complied with, would cause irreparable harm by nullifying Petitioners’ retaining lien, warranting cer-tiorari relief. Shelowitz, Shelowitz, Terrell & Coffey, P.A. v. Peters, 931 So. 2d 1059 (Fla. 4th DCA 2006). Petition granted. Writ issued. The order of October 3, 2013 is quashed, and this cause remanded for further proceedings consistent with this opinion. . Although Widjaya had retained new counsel, the trial court had not yet ent…
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Heims v. G.M.S. Marine Serv. Corp., 143 So. 3d 1188 (Fla. 4th DCA 2014)…irements of law and causes material harm that cannot be remedied on appeal because the value of the retaining lien will be lost and because petitioners are not parties to the underlying action. Shelowitz, Shelowitz, Terrell & Coffey, P.A. v. Peters, 931 So. 2d 1059 (Fla. 4th DCA 2006); Andrew Hall & Assocs. v. Ghanem, 679 So. 2d 60 (Fla. 4th DCA 1996); Wintter v. Fabber, 618 So. 2d 375 (Fla. 4th DCA 1993); see also Fox v. Widjaya, — So. 3d —(Fla. 3d DCA 2013). Accordingly, we grant the petition and quash the…
Authorities Cited
- Andrew Hall & Assocs. v. Ghanem, 679 So. 2d 60 (Fla. 4th DCA 1996)
- Rutherford, Mulhall & Wargo, P.A. v. Antidormi, 695 So. 2d 1300 (Fla. 4th DCA 1997)