Keister v. Polen, Broward Cnty., 471 So. 2d 656 (Fla. 4th DCA 1985). · Go Syfert
Keister v. Polen, Broward Cnty., 471 So. 2d 656 (Fla. 4th DCA 1985). Cases Citing This Book View Copy Cite
8 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Travelers Casualty & Surety Co. of America v. Culbreath Isles Property Owners Ass'n (fladistctapp, 2012-10-19)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Travelers Casualty & Surety Co. of America v. Culbreath Isles Property Owners Ass'n
Fla. Dist. Ct. App. · 2012 · confidence medium
Bro-ward Cnty., 471 So.2d 656, 657 (Fla. 4th DCA 1985).
cited Cited "see" Weiland v. Weiland
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Keister v. Polen, 471 So.2d 656, 656 (Fla. 4th DCA 1985); see also Feltman v. Feltman, 721 So.2d 424 (Fla. 4th DCA 1998).
cited Cited "see" Vazquez v. Vazquez
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Keister, 471 So.2d at 656 .
discussed Cited "see, e.g." Baker & Hostetler, LLP v. Swearingen
Fla. Dist. Ct. App. · 2008 · signal: see also · confidence low
See also Keister v. Polen, 471 So.2d 656 (Fla. 4th DCA 1985). *1163 The significant commonality of all three cases is that in not one of them did the final judgment retain jurisdiction in the circuit court to consider both entitlement to attorney's fees and the amount.
Retrieving the full opinion text from the archive…
Charlotte B. KEISTER, Petitioner,
v.
Honorable Mark E. POLEN, Circuit Judge of the Circuit Court in and for BROWARD COUNTY, Florida, and Boyer, Tanzler & Boyer, P.A., Respondents.
85-449.
District Court of Appeal of Florida, Fourth District.
Jun 26, 1985.
471 So. 2d 656
Per Curiam.
Cited by 6 opinions  |  Published

[*657] Harry G. Carratt of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen., and Shirley A. Walker, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for respondent, Polen.

Tyrie A. Boyer of Boyer, Tanzler & Boyer, Jacksonville, for respondent, Boyer, Tanzler & Boyer, P.A.

PER CURIAM.

Charlotte B. Keister brings this petition for writ of certiorari or in the alternative, petition for writ of prohibition. Petitioner requests this court to quash an order of the trial judge which imposed a charging lien against her funds, and to prohibit the judge from proceeding to determine the amount of the charging lien.

The final judgment entered in this dissolution proceeding contained an express reservation of jurisdiction to award attorney's fees only to counsel of record for the husband. It did not contain a reservation of jurisdiction to award attorney's fees to respondent Boyer, Tanzler & Boyer, P.A., counsel for the wife. Without such an express reservation the trial court did not have jurisdiction to grant respondent's motion to impose a charging lien. See Frumkes v. Frumkes, 328 So.2d 34 (Fla.3d DCA 1976); Patin v. Popino, 459 So.2d 435 (Fla. 3d DCA 1984).

Accordingly, we grant certiorari and quash the trial court's order granting respondent's motion to impose a charging lien and reserving jurisdiction to determine the amount thereof.

WRIT GRANTED.

GLICKSTEIN, DELL and BARKETT, JJ., concur.