Joel M. Weissman, P.A. v. Hatem Ahmed Abou-Sayed
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2013
JOEL M. WEISSMAN, P.A.,
Appellant,
v.
HATEM AHMED ABOU-SAYED and ARGHAVAN
GABRIELA MOSTAFAVI,
Appellees.
No. 4D11-1524
[February 6, 2013]
ON MOTIONS FOR REHEARING
POLEN, J.
We deny appellant’s motion for rehearing and deny appellees’ motion
for rehearing en banc. Further, we grant in part appellees’ motion for
rehearing, withdraw our slip opinion dated December 5, 2012, and
substitute the following in its place.
We affirm the trial court’s order denying the appellant’s Motion to
Adjudicate its Charging Lien. An “essential prerequisite to imposition of
a charging lien is that the underlying litigation produces a positive
judgment or settlement – in other words, some ‘tangible fruits of the
attorney’s service’ for the benefit of the client.” Walia v. Hodgson Russ
LLP, 28 So. 3d 987, 989 (Fla. 4th DCA 2010). Whether an attorney’s
services produced “tangible fruits” is an issue of proof. Richman, Greer,
Weil, Brumbaugh, Mirabito, & Christensen, P.A. v. Chernak, 991 So. 2d
875, 879 (Fla. 4th DCA 2008). Excluding those accounts that are
protected from creditors’ liens by operation of statute, see §§ 222.21 &
222.14, Fla. Stat. (2010), the record supports the trial court’s finding
that Mr. Weissman’s labor produced only valueless assets, thus leaving
no “tangible fruits” to which a charging lien may attach.1 Accordingly,
we affirm.
The trial court found that the marital home was “upside down.” Because the
trial court determined that more was owed on the home than what the home
was actually worth, the home has a negative value. Therefore, we find that the
trial court did not err by determining that the marital home was not a positive
result of the litigation on which a charging lien may attach.
1
Affirmed.
CONNER, J., and MCMANUS, F. SHIELDS, Associate Judge, concur.
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Diana Lewis, Judge; L.T. Case No. 502009DR009347
XXXXMB.
Kristen A. Terry and Joel M. Weissman of Joel M. Weissman, P.A.,
West Palm Beach, for appellant.
Jennifer S. Carroll of Law Offices of Jennifer S. Carroll, Palm Beach
Gardens, for appellees.
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