Nodvin v. Fabian, 59167
| Decision Date | 05 March 1980 |
| Docket Number | No. 59167,59167 |
| Citation | 153 Ga.App. 716,266 S.E.2d 253 |
| Parties | NODVIN v. FABIAN. |
| Court | Georgia Court of Appeals |
Marvin P. Nodvin, Atlanta, for appellant.
Evelyn Sisk Fabian, David Kell, Jr., James O. Wilson, Jr., Atlanta, for appellee.
This is an appeal by Fabian's attorney, Nodvin, from a dismissal of her suit against Ryan et al., over his objection. The suit which was dismissed was for the recovery of real and personal property allegedly taken fraudulently from Fabian by defendants. Fabian signed an employment contract with Nodvin to represent her to enjoin foreclosure of a property of hers, to recover property belonging to her, and to recover money fraudulently obtained from her. The agreed fee was $5,000 minimum for the foreclosure, $5,000 minimum for the recovery of money, and up to 40% of the value of any real property or money recovered. The agreement also provided that Fabian would not settle or compromise the suit without consulting Nodvin. Nodvin filed suit, obtained a temporary restraining order against the foreclosure, and proceeded with discovery and other actions in the case. About five weeks after the suit was commenced, Fabian, pro se, moved to dismiss it. Over Nodvin's objections that the dismissal was contrary to the terms of the contingent fee contract, the trial court granted the motion to dismiss. Nodvin filed an appeal.
The trial court erred in granting the motion to dismiss over the attorney's objection. Bennett v. Cannon, 114 Ga.App. 479, 481, 151 S.E.2d 828, 830.
Factually distinguishable are Brookhaven Supply Co. v. Rary, 131 Ga.App. 310, 205 S.E.2d 885, holding that when a contingent fee client prevents the contingency from happening, the attorney can sue the client for the reasonable value of his services; Haldi v. Allen, 141 Ga.App. 414, 233 S.E.2d 478, where a contingent fee attorney who was discharged was not permitted to recover his fee by a motion...
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McRae, Stegall, Peek & Co. v. Ga. Farm Bureau Mut. Ins. Co.
...their liens as their clients had or may have for the amount due thereon to them.” OCGA § 15–19–14(b). See also Nodvin v. Fabian, 153 Ga.App. 716, 266 S.E.2d 253 (1980). For instance, if the case to which an attorney's lien has attached is settled and the case dismissed, the lien will be ext......
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Howe & Associates P.C. v. Daniels
...such an action, judgment or decree until the lien or claim of the attorney for his fees is fully satisfied.'" See also Nodvin v. Fabian, 153 Ga.App. 716, 266 S.E2d 253 (1980); Smith, Bassett, etc. v. Word of God Ministries, 234 Ga.App. 263, 506 S.E2d 427 (1998) (an attorney's lien on real p......
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Howe & Associates, P.C. v. Daniels
...his attorney fees lien. Daniels relied upon Brown v. Ga., Carolina & etc. R., 101 Ga. 80, 28 S.E. 634 (1897), and Nodvin v. Fabian, 153 Ga.App. 716, 266 S.E.2d 253 (1980), as authority to reopen the Howe & Associates opposed the motion, contending that Daniels knowingly gave up his files on......
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May v. May, 72484
...the cause of action, has the right to prosecute the suit, in the name of his client, for the recovery of his fees." Nodvin v. Fabian, 153 Ga.App. 716, 266 S.E.2d 253 (1980). See McDonald v. Napier, 14 Ga. 89 (1853); Little v. Sexton, 89 Ga. 411, 15 S.E. 490 (1892); Middleton v. Westmoreland......