Sunday, July 22, 2007

Fourth Sets Clear Limits on Charging Liens

The Fourth District, on the 18th, released the Rudd opinion, related to charging liens. The holding is essentially that while a charging lien may attach to the proceeds of equitable distribution in a divorce case, and these constitute favorable proceeds, it is not acceptable to include fees incurred in pursuit of the charging lien in the lien itself, and it is not acceptable to award a charging lien which extends beyond the scope of those favorable proceeds to the entirety of a party's assets. The Court found no error, however, with a charging lien which stated one amount owed resulting in a higher figure ordered…

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