Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for disqualification in a Florida divorce case? This motion is one which argues that a person or entity should not be involved in the case because of a bias or prior representation which creates conflict. In the case Meruelo v. Meruelo, 3D21-2204 (Fla. 3d DCA January 5, 2022), this motion was filed to disqualify a forensic accountant hired by the wife in a divorce case.
The petitioner in this appeal is the mother of the husband in an underlying divorce case. The mother was joined to the divorce case as a third party defendant based on her ownership of certain marital assets. In the divorce case, the wife hired a forensic accountant. This accountant was also hired by the mother two years prior in a lawsuit involving entities owned by the mother. On this basis, the mother moved to disqualify the accountant from representing the wife in the divorce case. The mother also asked that the trial court stay further proceedings or stay the accountant’s involvement in the case until the motion to disqualify was decided. The trial court denied the motion for stay, and the mother filed a writ of certiorari challenging the denial.
The appellate court held “To be entitled to certiorari relief, Petitioner ‘must establish that the trial court’s order . . . departed from the essential requirements of law in a way that will cause irreparable harm.’ Univ. of Miami v. Ruiz ex rel. Ruiz, 164 So. 3d 758, 763 (Fla. 3d DCA 2015). ‘A departure from the essential requirements of the law means ‘a violation of a clearly established principle of law resulting in a miscarriage of justice.’’ Gator Boring & Trenching, Inc. v. Westra Constr. Corp., 210 So. 3d 175, 184 (Fla. 2d DCA 2016) (quoting Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885, 889 (Fla. 2003)). While granting a stay under the circumstances presented in this case may be prudent case management, Petitioner has cited to, and we have found, no court rule, statute, or case that, as a matter of law, requires a trial court to stay proceedings until a pending disqualification motion is adjudicated. Because Petitioner has not identified a clearly established principle of law from which the trial court departed, we are compelled to deny the petition.”
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