Legal Opinion · Dissent

Hall, Lamb & Hall, P.A. v. Sherlon Investments Corp.

District Court of Appeal of Florida

Decided April 22, 2009No. 3D07-2783Published

1DissentSchwartz, Senior Judge

While I agree that Sherlon did not appropriately inform the appellant law firm of the settlement, I dissent from reversal because that lapse was not a legal cause of the firm’s failure to recover.

The reason for informing the lawyer of a settlement is to permit him to take steps to protect his charging lien. See Zaldivar v. Okeelanta Corp., 877 So.2d 927 (Fla. 1st DCA 2004). In this case, however, the Hall firm, by other means, actually learned not only of the settlement but of the location of the proceeds: in “escrow” with the plaintiffs representative, a person who stated he was an attorney,…

2Cases cited4 opinions

  1. Jones v. Florida Ins. Guar. Ass'n, Inc.Supreme Court of Florida · 2005
  2. Clark v. Lumbermans Mut. Ins. Co.District Court of Appeal of Florida · 1985
  3. Stuart Yacht Club & Marina v. STATE, DNRDistrict Court of Appeal of Florida · 1993
  4. Zaldivar v. Okeelanta Corp.District Court of Appeal of Florida · 2004

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API