Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party file a motion to disqualify the other party’s lawyer in a Florida family law case? This is possible when there are valid grounds to do so. For example, if the opposing lawyer previously represented both parties, this may be a reason to disqualify the lawyer from representation. Disqualification was an issue in the case Levy v. Levy, 3D22- 427 (Fla. 3d DCA November 30, 2022).
The wife in a divorce case filed a motion to disqualify the husband’s lawyer. The opinion does not state why she did so. The trial court’s order denying her motion makes findings that the wife’s motion consisted of personal attacks on the husband’s lawyer for his positions on legal arguments and that none of her allegations were supported by any evidence. The wife appealed.
Citing the sufficiency of the court’s findings and a review of the record, the appellate court affirmed the trial court’s ruling. If you are wondering if you have grounds to file a motion for disqualification in your Florida family law case, contact a Florida family law attorney for a consultation.