Urich & Shenkman, P.A. v. Horizon Insurance Co.

This cause is before us on appeal from a nonfinal order entered pursuant to Rule 9.130(3)(C)(ii), Florida Rules of Appellate Procedure, denying the motion to authorize payment (of attorney fees), holding, in part, that a lawyer’s retaining lien is not a secured claim as contemplated under Section 631.011(14), Florida Statutes (1983), and determining the right to immediate possession of the funds at issue. We reverse.. The issue on appeal is whether an attorney’s common law retaining lien can be foreclosed by setoff against funds of an insolvent insurer which are in the attorney’s possession.

Al…