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If the Florida Supreme Court allows Miami divorce attorney Deborah Chames to collect $33,207 in fees from her client as outlined in their contract, then Floridians’ constitutional right to protect their homes from creditors could be in jeopardy, court watchers fear.

Chames agreed to represent client Henry DeMayo on the condition that she could file a charging lien against DeMayo’s home in Miami if he didn’t pay her fees. But a state 3rd District Court of Appeal panel ruled that DeMayo’s ability to waive his right to exempt his homestead from creditors was constitutionally prohibited.

The Florida Supreme Court was scheduled to hear arguments Wednesday in Deborah Chames and Heller & Chames P.A. v. Henry DeMayo on whether Floridians may waive a constitutional right to protect their homes from creditors.

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