MENZ & BATTISTA, PL, APPELLANT,
v.
MICHAEL RAMOS, APPELLEE

Fla. 4th DCA | 2017-03-29
No. 4D16-1634
Ciklin, C.J., Damoorgian and Gerber, JJ., concur.
214 So. 3d 698 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 2 cases

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

A law firm sought a charging lien against assets awarded to a husband in a dissolution of marriage case. The trial court denied the motion, but the appellate court reversed, holding that a charging lien may properly attach to assets awarded in equitable distribution when the statutory requirements are met.


Holding

A charging lien may attach to assets awarded in equitable distribution, provided all statutory requirements are met: an express or implied contract for fees, an understanding for payment of fees from recovery, avoidance or dispute of payment, and timely notice. The trial court's reasoning that the services must produce a result beyond what the client would normally receive is not supported by established case law.


Headnotes

[1] A charging lien is an equitable right to secure attorney's fees from a judgment or recovery in a suit, protecting the attorney's rights.

[2] The requirements for a charging lien include a contract between attorney and client, an understanding for payment from the recovery, avoidance or dispute of fees, and tim…

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Key Quotes

“The charging lien is an equitable right to have costs and fees due an attorney for services in the suit secured to him in the judgment or recovery in that particular suit. It serves to protect the rights of the attorney.”

Establishes the purpose and function of a charging lien in legal practice

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Facts & Procedural History

After a final judgment in a dissolution of marriage case, the husband was awarded a share of marital assets including a Roth IRA and JP Morgan Pension…

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Opinion of the Court
Per Curiam.

Per Curiam.

After a final judgment was entered in a dissolution of marriage case, the law firm for the husband moved for a charging lien, pursuant to a representation agreement between the law firm and the husband. The trial court denied the motion. We agree this was error and we reverse.

The amended final judgment of dissolution of marriage provided for the equitable distribution of marital assets; the husband was awarded a share of the marital assets. The trial court’s order denying the law firm’s motion for a charging lien contained the following reasoning:

It would appear that [the husband] would normally be entitled to an equal division of the contested financial assets pursuant to the equitable distribution statute. There is not enough evidence to indicate that the wife would have been awarded more than fifty percent of these items but for the representation of [the law firm]. Therefore, the two financial items cannot be considered as “tangible fruits of the services of the law firm.” As such, a charging lien[ ] is not permitted to attach to the husband’s share of the Roth IRA, and the JP Morgan Pension Account.

“We review trial court orders on attorney’s fees for an abuse of discretion. We have de novo review however of the trial court’s interpretation of law.” Robin Roshkind, P.A. v. Machiela, 45 So.3d 480, 481 (Fla. 4th DCA 2010) (internal citation omitted).

“The charging lien is an equitable right to have costs and fees due an attorney for services in the suit secured to him in the judgment or recovery in that particular suit. It serves to protect the rights of- the attorney.” Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1384 (Fla. 1983). There are four requirements for a charging lien: “(1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney’s fees out of the recovery; (3) either an avoidance of payment or a dispute as to the amount of fees; and (4) timely notice.” Rebecca J. Covey, P.A. v. Am. Car Import Car Sales, 944 So.2d 1202, 1204 (Fla. 4th DCA 2006) (quoting Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla. 1986)). Further, “[i]t is not enough to support the imposition of a charging lien that an attorney has provided his services; the services, must, in addition, produce a positive judgment or settlement for the client, since the lien will attach only to the tangible fruits of the services.” Rudd v. Rudd, 960 So.2d 885, 887 (Fla. 4th DCA 2007) (quoting Mitchell v. Coleman, 868 So.2d 639, 641 (Fla. 2d DCA 2004)). Where all of the requirements of a charging lien have been alleged and proved, a charging lien may be pursued in a dissolution action. Dyer v. Dyer, 438 So.2d 954, 955 (Fla. 4th DCA 1983).

Here, there was a written legal representation agreement providing for a charging lien and the husband was awarded a share of marital assets. The trial court’s justification for denying the law *700firm’s charging lien has no basis in well-established case law. In fact, our courts recognize that a charging lien may attach to assets awarded in equitable distribution. See Walia v. Hodgson Russ LLP, 28 So.3d 987, 989 (Fla. 4th DCA 2010); Rudd, 960 So.2d at 887; Mitchell, 868 So.2d at 641. Accordingly, we reverse and remand for further proceedings.

Reversed and remanded for proceedings consistent with this opinion.

Ciklin, C.J., Damoorgian and Gerber, JJ., concur.


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Citator

Cited By

  • Nugent v. Anne-Laure Michelis, 312 So. 3d 954 (Fla. 4th DCA 2021)
  • Duhamel v. Duhamel, 304 So. 3d 51 (Fla. 2d DCA 2020)
    …ty recovered by the client in - 4 - the dissolution action as a result of the attorney's efforts."). A charging lien may attach to assets awarded as part of the equitable distribution, see Mitchell, 868 So. 2d at 641; Menz & Battista, PL v. Ramos, 214 So. 3d 698, 700 (Fla. 4th DCA 2017), as well as to an award of alimony, see Tucker v. Tucker, 165 So. 3d 798, 800 (Fla. 4th DCA 2015). However, "[a]n attorney's charging lien should not be enforced against an award of . . . alimony if to do so would deprive a…

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