SHELOWITZ SHELOWITZ TERRELL COFFEY v. PETERS (2006)

Former counsel for the wife in an ongoing dissolution of marriage proceeding seeks review of a nonfinal order granting her motion to release discovery papers to her, in spite of her delinquency in paying fees she owes the firm.   The firm filed a notice of retaining lien.   We grant the petition.

In granting release of the files, the trial court stated that the “firm does not have a contract or a court order granting a retaining lien.”   But the firm did have an implied-in-fact contract, even if not written, and did not need a court order to maintain its lien.  Andrew Hall & Assocs. v. Ghanem, 679 So.2d 60, 61-62 (Fla. 4th DCA 1996).

The order on review is capable of causing irreparable harm to the firm's retaining lien.  Rutherford, Mulhall & Wargo, P.A. v. Antidormi, 695 So.2d 1300 (Fla. 4th DCA 1997).   Accordingly, the petition is granted and the order is hereby quashed.

Petition Granted.

PER CURIAM.

POLEN, FARMER and KLEIN, JJ., concur.