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Holland v. State Farm Mut. Auto. Ins. Co.

Because plaintiff failed to provide a transcript of the hearing on his counsel's lien for fees, the order establishing the amount of his counsel's lien was affirmed.

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David Holland appeals from the trial court’s order setting forth the amount of an attorney fee lien on certain insurance proceeds. For reasons discussed below, we affirm.

Many of the relevant facts of this case are discussed in Holland v. State Farm Mut. Automobile Ins. Co.1 David and Ruby Holland sued State Farm’s insured for injuries David Holland sustained in an automobile accident. The Georgia Department of Medical Assistance DMA and the Floyd Medical Center FMC asserted liens on David Holland’s cause of action pursuant to OCGA § 49-4-149 and 44-14-470. State Farm then filed an interpleader action seeking to determine the priority of the liens asserted by DMA and FMC. David Holland asserted a lien for attorney fees on the insurance proceeds pursuant to OCGA § 15-19-14 b. The trial court in the interpleader action held, among other things, that the attorney fee lien was not asserted timely and was subordinate to the liens asserted by DMA and FMC. We reversed this ruling, holding that the lien was timely asserted and took priority over the DMA and FMC liens.2 Because the trial court did not receive evidence of the amount of the lien, we remanded the case so that it could “determine the amount of the lien.”3

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