Public-domain · open source
OpenJurist

574 So. 2d 325

Bonfiglio v. Hampton

District Court of Appeal of Florida

Decided February 20, 1991

District Court of Appeal of Florida · decided 1991-02-20

Relies on 452 So. 2d 1140 - Dowda and Fields, PA v. Cobb · 522 So. 2d 547 - Hutchins v. Hutchins · 562 So. 2d 859 - Smith v. Patton

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-20

How this case has been cited

Cited by 20 later decisions — most recently August 2013

17 state decisions

120199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Petitioner James A. Bonfiglio, an attorney, seeks issuance of a writ of certiorari quashing a trial court order granting his former client’s motion for return of documents, notwithstanding petitioner’s retaining lien against the client file and documents in his possession. We grant the petition and quash the trial court order requiring return of the documents, and the order denying rehearing therefrom. Smith v. Patton, 562 So.2d 859 (Fla. 1st DCA 1990); Dowda and Fields, P.A. v. Cobb, 452 So.2d 1140 (Fla. 5th DCA 1984).

¶2In doing so, we acknowledge that the underlying lawsuit from which the attorney’s retaining lien arose has been settled. However, petitioner’s lien remains to be resolved. Thus the controversy is not moot. Hutchins v. Hutchins, 522 So.2d 547 (Fla. 4th DCA 1988).

GLICKSTEIN, J., and WALDEN, JAMES H., (Retired), Associate Judge, concur. GUNTHER, J., dissents without opinion.
/574/so2d/325 · .json · Public domain