Citizens Bank v. C & H Construction & Paving Co.

I dissent.

The trial court has concluded (1) that “[t]he contingency fee contract between the Davises and Horn is reasonable and valid;” (2) that “[t]he contingency contract entitled Horn to a one-third fee upon the gross amount of the recovery, and the amount of one-third of the gross recovery representing Horn’s attorney fee is not subject to the set-off in favor of Citizen’s Bank;” (3) that “[t]he attorney’s charging lien is superior to and has first priority over all other claimants, relating back and taking effect from the time of commencement of Horn’s services;” and (4) that “Horn shall…