Summary
In Southeast Regional Construction Corp. we affirmed the trial court's determination of appellant's entitlement to a fee based on one-third of the value of the property recovered and further his entitlement to a lien against that property to secure payment of the fee.
Summary of this case from Tietig, P.A. v. S.E. Reg. Const. Corp.Opinion
No. 83-1107.
July 5, 1984. Rehearing Denied September 18, 1984.
Appeal from the Circuit Court, Broward County, Eugene S. Garrett, J.
Hugh F. Quinn, Coral Gables, and Gerald Mager of Abrams, Anton, Robbins, Resnick, Schneider Mager, P.A., Hollywood, for appellant.
Edward C. Tietig of Edward C. Tietig, P.A., Miami, pro se.
No appearances for other appellees.
Upon review of the record we conclude that there is an adequate evidentiary basis to support a finding that the appellee, attorney Edward C. Tietig, was entitled to a lien for his fees to be imposed against the real property which appellant recovered by settlement of litigation prosecuted on its behalf by the attorney. See Scott v. Kirtley, 113 Fla. 637, 152 So. 721 (1933); and Billingham v. Thiele, 107 So.2d 238 (Fla. 2d DCA 1958), aff'd, 109 So.2d 763 (Fla. 1959). However, we do not believe the evidence supports the trial court's award of a one-third undivided legal interest in the real property. In our view, the attorney was entitled to a fee based on the value of the property recovered, and he was further entitled to imposition of a lien against the property to secure payment of that fee.
Accordingly, we affirm in part and reverse in part, and remand this cause for further proceedings consistent herewith.
ANSTEAD, C.J., DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.