Bentley v. Moore

Court affirms order denying plaintiff's motion to invalidate an attorney's lien because some evidence indicated that the plaintiff authorized an underlying settlement

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McFadden, Presiding Judge. Tammie Bentley appeals from a trial court order denying her motion to invalidate an attorney’s lien. But she has failed to show that the trial court erred in denying the motion and in enforcing the lien. So we affirm. 1. Facts and procedural posture. Bentley retained attorney Ross Moore II to represent her in a case arising from a motor vehicle collision. Moore filed a complaint for damages on Bentley’s behalf and eventually agreed to settle the case for the defendant’s insurance policy limits of $100,000, with the trial court later entering an order enforcing the settlement agreement. Moore recorded an attorney’s lien pursuant to OCGA § 15-19-14 to collect his fees of $45,000 plus expenses. Bentley moved to invalidate the attorney’s lien, claiming that she had not authorized Moore to settle the case and that the contracted 45 percent contingency fee was invalid and unreasonable. After a hearing, the trial court denied the motion to invalidate the attorney’s lien, finding that Bentley had authorized Moore to settle the case for the $100,000 policy limits and that Moore was entitled to $45,000 in fees “pursuant to the parties’ contingency contract, which is valid and enforceable pursuant to its terms and has not been proved otherwise by plaintiff.” This appeal followed. 2. Authority to settle. Bentley contends that the trial court erred in denying her motion to invalidate the attorney’s lien because it was based on the court’s erroneous finding that she had authorized Moore to settle the case. We disagree. The validity and enforceability of an attorney’s lien, and the amount of fees to award the attorney enforcing the lien, are matters for the trial court to decide. Where the trial court is the factfinder, we construe the evidence in the light most favorable to support the court’s judgment and will uphold the court’s factual findings on appeal if there is any evidence to support them.

Bentley v. Moore

Court affirms order denying plaintiff's motion to invalidate an attorney's lien because some evidence indicated that the plaintiff authorized an underlying settlement

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