Summary
granting certiorari review as to order disregarding law firm's retaining lien in client's file
Summary of this case from Kerrigan v. StateOpinion
Case No. 97-1143
Opinion filed June 25, 1997
Petition for writ of certiorari to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Larry Seidlin, Judge; L.T. Case No. CD 94-1522 44.
John T. Mulhall III and Nicole Caruso Seropian of Rutherford, Mulhall Wargo, P.A., Boca Raton, pro se.
Andrew K. Fein of Bloch Minerley, P.L., Boca Raton, for respondent.
The law firm of Rutherford, Mulhall Wargo, P.A. imposed a retaining lien on its office file for a former client who disputed the fee charged. The firm seeks common law certiorari review of an order that requires it to turn over the file to the client before the fee is paid. Because the firm has no adequate remedy on appeal and would be irreparably harmed if it were to lose its lien, we grant certiorari review.
Absent exceptional circumstances that are not present in this case, it is a departure from the essential requirements of the law for a court to disregard a retaining lien and release a client's file before the fee dispute has been resolved. Andrew Hall Assocs. v. Ghanem, 679 So.2d 60 (Fla. 4th DCA 1996); Wintter v. Fabber, 618 So.2d 375 (Fla. 4th DCA 1993). Accordingly, we grant the writ of certiorari and quash the order that releases the file. On remand, if the trial court finds that a fee is due, it should not order the file turned over until after it has made provision for payment or posting of adequate security.
GUNTHER, C.J., FARMER and SHAHOOD, JJ., concur.