JOSEPH A. ST. ANA, APPELLANT,
v.
WHEELER MATTISON DRUGS, INC., A FLORIDA CORPORATION, AMOS MATTISON AND ANN MATTISON, HIS WIFE, APPELLEES
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This case addresses whether Florida Statute § 85.09 provides a lien for attorney services. The court held that the statute does not create an additional attorney's lien, as common law already governs attorney liens in Florida.
No, Florida Statute § 85.09 does not provide a statutory lien for attorney services. The common law already governs attorney liens in Florida.
“The only question is-whether § 85.09, supra, provides a lien for-the services of attorneys.”
This quote frames the central legal question of the appeal.
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Join FLexlaw to unlock all legal intelligenceAn attorney appealed a judgment that dismissed his complaint seeking to enforce a lien under Florida Statute § 85.09. The core issue was whether this …
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The plaintiff, an attorney, appeals a judgment dismissing his complaint for the enforcement of a lien claimed under § 85.09,. Fla.Stat., F.S.A. The only question is-whether § 85.09, supra, provides a lien for-the services of attorneys. In Florida, as in. most states, a lawyer has a retaining lien upon papers in his hands and according to-the circumstances, a charging or equitable lien on recoveries obtained for a client in> the suit for the services in which the charge is made. Chancey v. Bauer, 5 Cir., 1938, 97 F.2d 293, 294; Billingham v. Thiele, Fla., App.1958, 107 So.2d 238, 243.
It was expressly held in Nichols v. Kroelinger, Fla.1950, 46 So.2d 722, 724, “under-the common law his [attorney’s] lien attached to the judgment and since we have-no statute in this State modifying or repealing the common law or protecting the lien, the common law is still in effect, * * * Section 85.09, supra, became a law in Florida many years prior to the-decision in the last-cited case. It has therefore been determined that this statute does-not apply to or create an additional attorney’s lien.
Affirmed.
HORTON, C. J., and PEARSON and; CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sinclair v. Baucom, 428 So. 2d 1383 (Fla. 1983)…3 (1858); Carter v. Bennett, 6 Fla. 214 (1855); Randall v. Archer, 5 Fla. 438 (1854). The requirements for perfection of this lien are not statutorily imposed. Nichols v. Kroelinger, 46 So. 2d 722 (Fla.1950); St. Ana v. Wheeler Mattison Drugs, Inc., 129 So. 2d 184 (Fla. 3d DCA), cert. denied, 133 So. 2d 646 (Fla.1961). Rather, the requirements [*1385] have developed in case law which has delineated the equitable nature of the lien. See Greenfield Villages. In order for a charging lien to be imposed, there mu…
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Daniel Mones, P.A. v. Smith, 486 So. 2d 559 (Fla. 1986)…y’s liens in Florida. Rather, case law acts as the sole guide for both attorneys and courts as to these liens. Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So. 2d 1383 (Fla.1983); St. Ana v. Wheeler Mattison Drugs, Inc., 129 So. 2d 184 (Fla. 3d DCA), cert. denied, 133 So. 2d 646 (Fla.1961). In Sinclair, Louis, 428 So. 2d at 1385, this Court set out four requirements for a valid charging lien. To impose such a lien, the attorney must show: (1) an express or implied contract between…
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ST. Ana v. Wheeler Mattison Drugs, Inc., 133 So. 2d 646 (Fla. 1961)…Certiorari denied without opinion. 129 So. 2d 184.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nichols v. Kroelinger, 46 So.2d 722 (Fla. 1950)
- Chancey v. Bauer, 97 F.2d 293 (5th Cir. 1938)
- Ira E. Billingham v. Ellsworth W. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958)