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Latest from The "Appellate Gourmet (c)"

Attorney’s fees — Contracts — Retainer agreement — Trial court erred in awarding plaintiff law firm attorney’s fees for first six months of representation where retainer agreement unambiguously provided for a flat fee of $500 per month for first six months of representation which was to be charged against initial $3,000 retainer fee paid by

 Attorney’s fees — Charging lien — Error to deny motion to adjudicate and enforce charging lien against client’s settlement funds based on determination that counsel had not established third element of charging lien, which requires an attempt to avoid the payment of fees or a dispute as to the amount involved, because the disagreement over

Appeals — Absence of transcript — Trial court erred in granting summary judgment in favor of insurer in case involving proper application of policy deductible — Although there is no transcript of pre-trial conference where rulingwas made, error is apparent on face of record where explanation of review documents submitted by insurer show that insurer

Appeals — Second-tier certiorari review of circuit court appellate division order reversing hearing officer’s determination that respondent was in violation of County Code — Circuit court applied correct law in determining whether hearing officer’s findings were supported by competent substantial evidence and in finding that hearing officer had denied respondent due process — Circuit court

Appeals — Jurisdiction — District court — Appeal from nonfinal order of county court ordering arbitration in small claims litigation and staying action until arbitration was completed, which appeal was transferred from circuit court to district court following statutory change in circuit court’s appellate jurisdiction — Motion to dismiss appeal, which was pending in circuit

 Appeals — Certiorari — Discovery orders — Mortgage foreclosure — Circuit court order allowing defendant to videotape deposition of substituted plaintiff’s corporate representative but prohibiting petitioner from disseminating the video — Petition dismissed for failure to demonstrate irreparable harm that cannot be remedied on direct appeal — With respect to argument that lower court’s order

 Appeals — Stay — Automatic bankruptcy stay — Appellate panel is bound by court’s prior decision in Shop in the Grove, Ltd. v. Union Federal Savings and Loan Ass’n of Miami, 425 So. 2d 1138 (Fla. 3d DCA 1982), which held that bankruptcy automatic stay provision is inapplicable in appellate court where the debtor, who