Howe & Associates, P.C. v. Napoleon Harris, A25A0115

Howe & Associates, P.C. represented Napoleon Harris in a negligence lawsuit stemming from a car accident, but withdrew after disagreements on trial damages.
After Howe & Associates withdrew, Harris (through new counsel) voluntarily dismissed the lawsuit without prejudice.
Howe & Associates asserted an attorney’s lien under OCGA § 15-19-14(b) for fees from work performed in the action.
The law firm moved to reopen the case to enforce its lien, arguing dismissal would defeat its right to payment.
The trial court denied the motion to reopen, reasoning a case cannot be reinstated after voluntary dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attorney's lien under OCGA § 15-19-14(b) permits reopening voluntarily dismissed case with no settlement	Howe: Reinstate case to enforce lien, citing right to payment for work done	Harris: Plaintiff entitled to voluntary dismissal without court approval; no settlement occurred	Motion to reopen denied; no recovery or settlement to support lien enforcement
Whether court's reason for denying motion was correct	Howe: Court wrongly said it's never allowed to reinstate after voluntary dismissal	Harris: Opposed reinstatement; voluntary dismissals are plaintiff's right	Denial affirmed, but for different reason—no enforceable recovery, not procedural bar

Howe & Assoc. v. Daniels, 280 Ga. 803 (Ga. 2006) (attorney’s lien may justify reinstatement of action to pursue lien where settlement occurred after dismissal)
Tolson v. Sistrunk, 332 Ga. App. 324 (Ga. Ct. App. 2015) (charging lien exists to ensure attorney is compensated for results of labor)
Dorsey v. Edge, 75 Ga. App. 388 (Ga. Ct. App. 1947) (client has right to dismiss action even if former attorney objects)