Miami Dade College v. Nader + Museu I, LLLP
The Third DCA reversed two orders denying Miami Dade College's motions to set off its larger, unpaid DOAH-based fee judgment against Nader's smaller appellate attorney's fee judgment. The court held setoff of competing judgments is proper even when the judgments arise from separate lawsuits, that a pre-existing judgment takes priority over attorney charging liens attaching to a later judgment, and that a prior denial for 'lack of jurisdiction' is not a merits ruling triggering collateral estoppel.
Key facts
- Miami Dade College obtained a judgment against Nader + Museu I, LLLP based on a DOAH fee award, while Nader obtained a smaller appellate attorney's fee judgment against Miami Dade College in a separate lawsuit.
- Miami Dade College moved in both cases to set off its larger judgment against Nader's smaller judgment, but the trial court twice denied the motions, initially citing lack of jurisdiction.
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Why it matters
Useful authority for judgment creditors facing an insolvent opponent: it confirms setoff may be ordered across separate lawsuits and that a senior judgment defeats attorney charging liens attaching to a later judgment… — full analysis with a trial
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