NOEL v. SHELDON J. SCHLESINGER, P.A.

No. 4D07-3531.

984 So.2d 1265 (2008)

Jean NOEL, Flora Noel, individually, and the State of Florida, Department of Health, Appellants, v. SHELDON J. SCHLESINGER, P.A., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 24, 2008.


Attorney(s) appearing for the Case

E. Bruce Johnson and Tamara M. Scrudders of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellants Jean Noel and Flora Noel.

Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, Craig D. Feiser, Deputy Solicitor General, Tallahassee, and Thomas D. Koch, Deputy General Counsel, Tallahassee, for appellant State of Florida, Department of Health.

Bruce S. Rogow and Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, for appellee.

Michael H. Davidson, Tallahassee, for amicus curiae State of Florida Department of Financial Services.


GROSS, J.

We reverse an order imposing a charging lien on money appropriated by the Florida Legislature in a claims bill.

In 1999, Minouche Noel and her parents, Jean and Flora Noel, recovered a judgment against the State Department of Health and Rehabilitative Services arising out of botched medical treatment. The Noels were represented by appellee, Sheldon J. Schlesinger, P.A. The jury awarded $6.5 million to Minouche and $2 million to her parents. The State...

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