sunEthics

Trial court erred in ordering that attorney's charging lien may be executed against former client's homestead property  [Added 8/4/08]

    In a dissolution of marriage proceeding the trial court entered a final judgment adjudicating a charging lien filed by Former Wife's lawyer.  The judgment stated that the lawyer "may file and execute this Final Judgment against the marital home."  Apparently the home was Former Wife's homestead property.  She appealed.

    The Fourth DCA reversed.  "Recently, our supreme court reiterated the preeminence of Florida’s homestead exemption.  Chames v. DeMayo, 972 So.2d 850 (Fla. 2007).  'The homestead exemption has been enshrined in our state constitution for over a hundred years.'  Id. at 853.  'The public policy furthered by a homestead exemption is to 'promote the stability and welfare of the state by securing to the householder a home, so that the homeowner and his or her heirs may live beyond the reach of financial misfortune and the demands of creditors who have given credit under such law.'"  McKean v. Warburton, 919 So.2d 341, 344 (Fla. 2005) (quoting Pub. Health Trust of Dade County v. Lopez, 531 So.2d 946, 948 (Fla. 1988)).  For these long-held policy reasons, the trial court’s final judgment on the charging lien allowing execution against the marital home is reversed."  Sass v. Sass, ___ So.2d ___ (Fla. 4th DCA, No.s 4D07-1743, 4D07-1911, 7/30/2008).

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