Quiroga v. Citizens Prop. Ins. Corp., No. 3D08-2942, ___ So. 3d ___, (Fla. 3rd DCA, April 7, 2010)

A homeowner brought suit against his insurer to recover proceeds for hurricane damage to his home. The law firm representing homeowner under contingency-fee agreement secured proceeds for the homeowner, and, after the homeowner terminated the non-secured contingency-fee contract and refused to pay for the legal services, the law firm moved to impress a charging lien on the proceeds.

A homeowner brought suit against his insurer to recover proceeds for hurricane damage to his home. The law firm representing homeowner under contingency-fee agreement secured proceeds for the homeowner, and, after the homeowner terminated the non-secured contingency-fee contract and refused to pay for the legal services, the law firm moved to impress a charging lien on the proceeds.

Florida’s Third District Court of Appeal held that proceeds were constitutionally exempt homestead property not subject to attachment by means of a charging lien. The homeowner could not, as a matter of public policy, enter into an enforceable contract to divest himself from the exemptions afforded him through the Florida Constitution.

Court Slip Opinion