JOEL M. WEISSMAN, P.A., APPELLANT,
v.
HATEM AHMED ABOU-SAYED AND ARGHAVAN GABRIELA MOSTAFAVI, APPELLEES
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The court held that an attorney's charging lien requires tangible fruits of the attorney's services for the client, and the trial court correctly found no such fruits when the underlying litigation produced only valueless assets.
Appellant sought to adjudicate a charging lien for attorney's fees. The trial court denied the motion, finding that the attorney's labor produced only…
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On Motions for Rehearing.
We deny appellant’s motion for rehearing and deny appellees’ motion for rehearing en banc. Further, we grant in part appellees’ motion for rehearing, withdraw our slip opinion dated December 5, 2012, and substitute the following in its place.
We affirm the trial court’s order denying the appellant’s Motion to Adjudicate its Charging Lien. An “essential prerequisite to imposition of a charging lien is that the underlying litigation produces a positive judgment or settlement — in other words, some ‘tangible fruits of the attorney’s service’ for the benefit of the client.” Walia v. Hodgson Russ LLP, 28 So.3d 987, 989 (Fla. 4th DCA 2010). Whether an attorney’s services produced “tangible fruits” is an issue of proof. Richman, Greer, Weil, Brumbaugh, Mirabito, & Christensen, P.A. v. Chernak, 991 So.2d 875, 879 (Fla. 4th DCA 2008). Excluding those accounts that are protected from creditors’ liens by operation of statute, see §§ 222.21 & 222.14, Fla. Stat. (2010), the record supports the trial court’s finding that Mr. Weissman’s labor produced only valueless assets, thus leaving no “tangible fruits” to which a charging lien may attach.1 Accordingly, we affirm.
Affirmed.
CONNER, J., and McMANUS, F. SHIELDS, Associate Judge, concur.
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THE Mineo Salcedo LAW Firm. P.A. v. Loly Cesard and Yanite Jean, 333 So. 3d 222 (Fla. 4th DCA 2022)…aining a favorable settlement, the trial court has not made sufficient findings as to whether the firm’s services created tangible fruits for the client’s benefit to which the charging lien may attach. Id.; see Joel M. Weissman, P.A. v. Abou-Sayed, 107 So. 3d 1163, 1164 (Fla. 4th DCA 2013) (“Whether an attorney’s services produced ‘tangible fruits’ is an issue of proof.”). Attorney’s Fee Recovery As anticipated by its fee contract, the firm agreed its compensation would be satisfied only through attorney’s…
Authorities Cited
- Anil Walia v. Hodgson Russ LLP, 28 So. 3d 987 (Fla. 4th DCA 2010)
- Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A. v. Chernak, 991 So. 2d 875 (Fla. 4th DCA 2008)