final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Howard K. Coates, Judge; L.T. Case No.
Marie Macci of Lisa Marie Macci, P.A., Boca Raton, for
D. Jaeger, Wellington, pro se.
Ruz, Coral Gables, for appellee Robert M. Jaeger.
former wife's attorney appeals from the circuit
court's final order essentially denying the
attorney's motion to enforce a retaining lien against the
former husband's undifferentiated arrearage of both
alimony and child support held in the attorney's trust
account. We affirm.
former wife's attorney's agreement to provide legal
services in the former wife's dissolution action stated,
in pertinent part:
It is specifically agreed that the Law Firm shall have and is
hereby granted all general, possessory and retaining liens
and all equitable, special and attorney's charging liens
upon the client's interest in any and all real, personal
and intangible property within the jurisdiction of the court
for any balance due, owing and unpaid and such lien or liens
shall be related back to the date of this agreement and shall
be superior in dignity to any other lien subsequent to the
former husband became delinquent on alimony and child
support. The former wife's attorney provided services
towards obtaining the arrearage, which the former husband
deposited into the former wife's attorney's trust
account. The former husband's deposit of the arrearage
was not differentiated between the alimony and child support.
former wife's attorney then sought to enforce a retaining
lien against the undifferentiated arrearage held in her trust
account. However, a magistrate recommended that the circuit
court order the former wife's attorney to release the
undifferentiated arrearage to the former wife.
former wife's attorney filed an exception to the
magistrate's report and recommendation. The attorney
again sought to enforce a retaining lien against the
undifferentiated arrearage held in her trust account.
circuit court accepted the magistrate's report and
recommendation, and denied the former wife's
attorney's motion to enforce the retaining lien. The
circuit court's ruling relied upon an earlier opinion
which we issued in this dissolution action, holding that
"a charging lien may not apply against an award of past
due undifferentiated support accruing during the pendency of
the divorce proceedings." Jaeger v. Jaeger, 182
So.3d 697, 698 (Fla. 4th DCA 2015) ("Jaeger
I"). The circuit court concluded that our holding
on the charging lien also should apply to a retaining lien.
appeal followed. The former wife's attorney argues that
the court erred in relying on our holding in Jaeger
I, because no case prohibits an attorney from ...