Posted by Nydia Streets of Streets Law in Florida Divorce

What happens when one party files a motion to disqualify a lawyer in a Florida family law case? An example of disqualification is when one party alleges it would be unfair to have the other party represented by a certain lawyer because that lawyer also represented the alleging party in a separate but related matter. In the case Reuschel v. Reuschel, 1D20-1039 (Fla. 1st DCA May 14, 2021), the husband appealed an order he believed granted the wife’s motion to disqualify counsel.

As part of the parties’ divorce, a law firm was hired by the husband to represent him individually and a dental practice which is a marital asset. The wife filed a motion to disqualify the lawyer, likely alleging a conflict since she had an interest in the dental practice. Because the husband is currently serving a 30-year prison sentence for attempting to murder the wife, the parties entered an agreed order to appoint a custodian who would operate the business in the best interest of its members and creditors. Subsequently, the custodian hired a separate lawyer, and the trial court determined the wife’s motion was moot.

The husband appealed, and the appellate court affirmed the trial court’s ruling, holding “We agree and affirm the trial court’s ultimate determination of mootness—the trial court actually did not disqualify anyone. We offer no comment on whether there in fact was a preclusive conflict that would support disqualification in the future.”

If you are considering filing a motion to disqualify a lawyer in your Florida family law case, consult with a Miami family law attorney to determine the merits of your claim.