Florida Record

Saturday, April 4, 2020

Florida Supreme Court reverses fee award in dissolution of marriage case


By Terry Davis | Mar 5, 2020

Second District Court of Appeal of Florida judges recently reversed a final order that denied attorneys Richard A. Schurr and Christy L. Hertz as they were seeking financial award on a dissolution of marriage case.

Schurr and Hertz formerly operated as the attorneys for Jennifer Wiseburg, while Brian Silverio acted as the attorney for Jeffrey Feld in the dissolution case. During the dissolution action, Silverio proceeded to file a motion to make a ruling on charging a lien against attorneys Schurr and Hertz. In retaliation, Schurr and Hertz filed a motion seeking attorney’s fees from Silverio, which was denied, prompting the appeal.

This is a result of Silverio withdrawing from the case as his client acted pro se at the time. When Silverio withdrew before the dissolution proceeding ended, he obtained a “stipulated judgment against husband Jeffrey Feld attorney fees on charging lien of Silverio & Hall, P.A” for the fee judgment of $31,405.41, according to the Florida Supreme Court.

According to the stipulation, Silverio "shall have a judgment lien on all benefits, payments and assets the Husband receives under the Final Judgment of Dissolution of Marriage in this matter, whether by settlement or after trial."

Collection efforts against Feld after the divorced couple entered into their Marriage Settlement Agreement have provided nothing, leading Silverio to file the motion stating that Schurr and Hertz were also privy to the stipulation.

In the stipulated judgment there were no specified materials or assets within the fee judgment, which has provided Schurr and Hertz grounds to appeal the denial of their motion for attorney's fees, costs, damages and interest.

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Florida Second District Court of Appeal