St. Ana v. Wheeler Mattison Drugs, Inc.

District Court of Appeal of Florida

St. Ana v. Wheeler Mattison Drugs, Inc.

129 So. 2d 184, 1961 Fla. App. LEXIS 3078

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1961

DocketNo. 60-649

StatusPublished

Cited by7 cases

This text of 129 So. 2d 184 (St. Ana v. Wheeler Mattison Drugs, Inc.) 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

St. Ana v. Wheeler Mattison Drugs, Inc., 129 So. 2d 184, 1961 Fla. App. LEXIS 3078 (Fla. Ct. App. 1961).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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129 So. 2d 184, 1961 Fla. App. LEXIS 3078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-ana-v-wheeler-mattison-drugs-inc-fladistctapp-1961.

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