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Appeals court hears dispute over attorney's lien, enforcement route and jurisdiction after divorce judgment
Summary
An attorney sought enforcement of an award through a contempt proceeding and the appeals court heard whether the probate judge had jurisdiction to determine and then allow enforcement of an attorney's lien, and whether the lien could be enforced in a contempt action instead of a superior-court enforcement action
The panel heard argument in Cresta v. Cresta, a dispute over an attorney's fee lien after a divorce. Counsel for the husband argued the probate judge erred in establishing and then allowing partial enforcement of a lien without proper process and that a later contempt enforcement proceeding should not have been used to enforce the lien. Counsel for the attorney argued the probate court retained statutory authority to determine the lien amount and that liens under the statute attach by operation of law to recoverable proceeds.
Attorney Michael Rutecki (arguing for the husband) told the court the May 31 order establishing an amount for the attorney's lien was unauthorized and…
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