Lutz v. Rutherford
Lutz v. Rutherford
Opinion of the Court
Keith Lutz and Sandra J. Lutz appeal a March 4, 2013, order granting attor
In addition, the November 29, 2011, order on Rutherford’s charging lien cannot now be challenged on the basis that it is void for lack of jurisdiction. See generally Strommen v. Strommen, 927 So.2d 176, 179 n. 4 (Fla. 2d DCA 2006) (“[W]hen a court acts without jurisdiction, its action is void and subject to collateral attack.” (quoting Fla. Power & Light Co. v. Canal Auth., 423 So.2d 421, 423 n. 5 (Fla. 5th DCA 1982))). In the final judgment in the underlying lawsuit between the plaintiffs and the Lutzes, the trial court reserved jurisdiction to award “attorneys’ fees that may be applicable”; therefore, the trial court had jurisdiction to rule on Rutherford’s charging lien. Cf. Weiland v. Wetland, 814 So.2d 1252, 1253 (Fla. 2d DCA 2002) (holding that trial court lacked jurisdiction to impose husband’s attorney’s charging lien where final judgment contained express reservation for trial court to award fees to wife only).
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.