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FINGAR v. BRAUN AND MAY REALTY, INC.

No. 4D01-3642.

807 So.2d 202 (2002)

Michael J. FINGAR, P.A., a Florida professional association, Petitioner, v. BRAUN AND MAY REALTY, INC., a Florida corporation, and David F. Braun, Respondents.

District Court of Appeal of Florida, Fourth District.

February 20, 2002.

Attorney(s) appearing for the Case

Michael J. Fingar of Michael J. Fingar, P.A., Hallandale, for petitioner.

Harris K. Solomon and Jonathan M. Streisfeld of Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, Fort Lauderdale, for respondents.

WARNER, J.

This petition for writ of certiorari presents the issue of whether an attorney who sues to collect a fee from a client may successfully assert a retaining lien to prevent the client/defendant from seeking discovery of the files on which the fee is claimed in a lawsuit, where the client claims that the fee is excessive and also claims that the attorney committed malpractice as an affirmative defense to the payment...

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