Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
RUTHERFORD, MULHALL & WARGO, P.A., Petitioner, v. Allen ANTIDORMI, 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.
PER CURIAM.
GUNTHER, C.J., and FARMER and SHAHOOD, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 97-1143.
Decided: June 25, 1997
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)