Jaffe & Hough, P.C. v. Baine

29 So. 3d 456, 2010 Fla. App. LEXIS 3124, 2010 WL 843882
CourtDistrict Court of Appeal of Florida
DecidedMarch 12, 2010
Docket2D09-3385
StatusPublished

This text of 29 So. 3d 456 (Jaffe & Hough, P.C. v. Baine) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaffe & Hough, P.C. v. Baine, 29 So. 3d 456, 2010 Fla. App. LEXIS 3124, 2010 WL 843882 (Fla. Ct. App. 2010).

Opinions

SILBERMAN, Judge.

Jaffe & Hough, P.C., seeks review of the trial court’s order denying its motion to dismiss for lack of personal jurisdiction. The underlying action is a summary proceeding 1 filed by Laura and Michael Baine against Jaffe & Hough. The Baines sought to determine Jaffe & Hough’s right to a charging lien for representation of the Baines as to a products liability claim against Bausch & Lomb Incorporated. Because the Baines failed to satisfy them burden of pleading sufficient facts to subject Jaffe & Hough to personal jurisdiction, the trial court erred in denying the motion to dismiss. Accordingly, we reverse.

Laura Baine suffered injuries due to an eye infection that she developed while using one of Bausch & Lomb’s products. In August 2006, the Baines entered into a written contingency fee agreement in which they agreed to retain Jaffe & Hough to prosecute a products liability claim against Bausch & Lomb. Jaffe & Hough is a law firm located in Philadelphia, Penn[458]*458sylvania. The Baines, who are residents of Polk County, Florida, signed the fee agreement at Jaffe & Hough’s offices in Pennsylvania. In July 2007, before any lawsuit was filed, the Baines discharged Jaffe & Hough as their counsel and then hired Frost Van den Boom & Smith, P.A., a law firm located in Polk County, to pursue their claim. Frost Van den Boom filed a complaint in Polk County, and the Baines eventually settled with Bausch & Lomb.

After, the settlement, counsel for Bausch & Lomb, who was located in Kansas City, Missouri, received a letter from Jaffe & Hough’s counsel asking Bausch & Lomb to hold distribution of the settlement monies pending resolution of Jaffe & Hough’s attorney’s lien issues. The Baines became aware of this letter and initiated a summary proceeding by filing a complaint in the products liability action in Polk County. The complaint sought to “determine former attorneys’ Jaffe & Hough’s charging lien.” Jaffe & Hough then filed a lawsuit in the Eastern District Court of Pennsylvania seeking attorney’s fees from the Baines. Jaffe & Hough also moved to dismiss the summary proceeding in Polk County based on a lack of personal jurisdiction.

In its motion to dismiss, Jaffe & Hough alleged that the Baines failed to satisfy their burden of pleading a sufficient basis for long-arm jurisdiction by failing to allege either the language of the long-arm statute or specific facts to demonstrate that Jaffe & Hough fit within the statute. Jaffe & Hough also alleged that the Baines failed to establish that Jaffe & Hough had sufficient minimum contacts with Florida to subject the firm to personal jurisdiction here. The Baines asserted that jurisdiction was proper based on case law stating that an attorney’s right to a charging lien should be determined in the original action. The trial court summarily denied the motion to dismiss.

In Hilltopper Holding Corp. v. Estate of Cutchin ex rel. Engle, 955 So.2d 598, 600-01 (Fla. 2d DCA 2007), this court summarized how it determines whether plaintiffs have satisfied them burden of pleading personal jurisdiction as follows:

It is well established that determining the propriety of a plaintiffs attempt to exercise long-arm jurisdiction over a foreign defendant is a two-step inquiry. Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Fla.1989); Kin Yong Lung Indus. Co. v. Temple, 816 So.2d 663, 666 (Fla. 2d DCA 2002). The first inquiry is whether the plaintiff has alleged sufficient jurisdictional facts to subject the defendant to long-arm jurisdiction under section 48.193, Florida Statutes. Venetian Salami, 554 So.2d at 502; Kin Yong Lung Indus. Co., 816 So.2d at 666; see also Doe v. Thompson, 620 So.2d 1004, 1004 (Fla.1993). If the plaintiff has done so, the second inquiry is whether the defendant possesses sufficient minimum contacts with Florida to satisfy constitutional due process requirements. Venetian Salami, 554 So.2d at 500; Kin Yong Lung Indus. Co., 816 So.2d at 666. This requires the court to determine whether the defendant has availed itself of the privilege of doing business in Florida or has committed acts with an effect in Florida such that it would anticipate being haled into Florida’s courts. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980); Res. Healthcare of Am., Inc. v. McKinney, 940 So.2d 1139, 1141 (Fla. 2d DCA 2006).

The burden of pleading jurisdiction lies with the plaintiff. 955 So.2d at 601. The plaintiff may allege the language of section 48.193, Florida Statutes (2008), without [459]*459supporting facts or may set forth specific facts showing that the defendant’s actions are encompassed by section 48.193. If the plaintiff satisfies this pleading requirement, then the burden shifts to the defendant to produce evidence contesting the jurisdictional facts in the complaint. 955 So.2d at 601.

Although the summary proceeding complaint here does not track the language of section 48.193 or set forth specific facts establishing jurisdiction under section 48.193, the Baines argue that the complaint sets forth sufficient information showing that personal jurisdiction is proper.2 They contend that under Daniel Mones, P.A. v. Smith, 486 So.2d 559 (Fla.1986), they were required to pursue a determination of Jaffe & Hough’s entitlement to a charging lien as a summary proceeding in the original action. The Baines also argue that their complaint establishes quasi in rem jurisdiction over the settlement funds.

In support of their first point, the Baines argue that, under Daniel Mones, P.A., Jaffe & Hough was subject to jurisdiction in Polk County because the Baines filed their lawsuit against Bausch & Lomb in Polk County. The Baines also rely on several cases citing to Daniel Mones, P.A. See In re Gen. Dev. Corp., 169 B.R. 756 (S.D.Fla.1994); Baker & Hostetler, LLP v. Swearingen, 998 So.2d 1158 (Fla. 5th DCA 2008); New England Mut. Life Ins. Co. v. Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., 690 So.2d 1354 (Fla. 3d DCA 1997); Edward C. Tietig, P.A. v. Se. Reg’l Constr. Corp., 617 So.2d 761 (Fla. 4th DCA 1993).

In Daniel Mones, P.A., an attorney filed an action to collect fees allegedly owed by his former clients for several legal matters. 486 So.2d at 560. The attorney had deposited $22,000 of settlement proceeds from a mechanics lien case into an attorney’s trust account. He claimed fees of $14,400 for the mechanics lien case and approximately $30,000 in fees for services in prior matters. Although the clients disputed the fees, the attorney then transferred the balance to his personal account. When the former clients demanded he disburse the proceeds to them, he refused and filed suit. He claimed he was authorized to hold the funds until the fee dispute was resolved because he held a retaining lien and a charging lien on the funds. Id. at 560-61.

The trial court ruled in the attorney’s favor, but the Third District reversed. Id. at 561. The appellate court determined that the attorney had not perfected a charging lien because he had not filed a notice of lien or pursued the charging lien in the mechanics lien action that resulted in the settlement proceeds at issue.

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Related

Shaffer v. Heitner
433 U.S. 186 (Supreme Court, 1977)
World-Wide Volkswagen Corp. v. Woodson
444 U.S. 286 (Supreme Court, 1980)
Edward C. Tietig, Pa v. Southeast Reg. Const. Corp.
617 So. 2d 761 (District Court of Appeal of Florida, 1993)
RESOURCE HEALTHCARE OF AMERICA v. McKinney
940 So. 2d 1139 (District Court of Appeal of Florida, 2006)
NEW ENGLAND MUT. LIFE v. Podhurst, Orseck
690 So. 2d 1354 (District Court of Appeal of Florida, 1997)
HILLTOPPER HOLDING v. Estate of Cutchin
955 So. 2d 598 (District Court of Appeal of Florida, 2007)
Venetian Salami Co. v. Parthenais
554 So. 2d 499 (Supreme Court of Florida, 1989)
Baker & Hostetler, LLP v. Swearingen
998 So. 2d 1158 (District Court of Appeal of Florida, 2008)
Daniel Mones, PA v. Smith
486 So. 2d 559 (Supreme Court of Florida, 1986)
Doe v. Thompson
620 So. 2d 1004 (Supreme Court of Florida, 1993)
In Re General Development Corp.
169 B.R. 756 (S.D. Florida, 1994)
In Re Bausch & Lomb Inc. Contact Lens Solution Products Liability Litigation
444 F. Supp. 2d 1336 (Judicial Panel on Multidistrict Litigation, 2006)
Pinkerton v. Leisure Properties, Ltd.
559 So. 2d 402 (District Court of Appeal of Florida, 1990)

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Bluebook (online)
29 So. 3d 456, 2010 Fla. App. LEXIS 3124, 2010 WL 843882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffe-hough-pc-v-baine-fladistctapp-2010.