HENRY HILSENROTH, APPELLANT,
v.
JUDAH BURSTYN AND EILEEN BURSTYN & H.B.C. REALTY, INC., APPELLEES
HENRY HILSENROTH, APPELLANT,
JUDAH BURSTYN AND EILEEN BURSTYN & H.B.C. REALTY, INC., APPELLEES
432 So. 2d 640
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GLICKSTEIN, Judge.
Appellant seeks reversal of an order denying his motion to disqualify the attorney for appellees. The appropriate appellate procedure in such matter is a petition for writ of certiorari. See Andrews v. Allstate Insurance Co., 366 So. 2d 462 (Fla. 4th DCA 1978); DeArce v. State, 405 So. 2d 283 (Fla. 1st DCA 1981); Beth S. v. Grant Associates, Inc., 426 So. 2d 1008 (Fla. 3d DCA 1983); Sears, Roebuck & Co. v. Stansbury, 374 So. 2d 1051 (Fla. 5th DCA 1979). We consider this appeal as such a petition.
Procedural due process having been accorded and there being no departure from the essential requirements of law on the part of the trial court, the petition is denied.
BERANEK, J., and SMITH, RUPERT, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Larkin v. Pirthauer, 700 So. 2d 182 (Fla. 4th DCA 1997)…an interested person” in a probate proceeding, as provided by Florida Rule of Appellate Procedure 9.110(a)(2), which now governs appeals of probate orders. Orders disqualifying counsel, are, however, reviewable by certiorari, Hilsenroth v. Burstyn, 432 So. 2d 640 (Fla. 4th DCA 1983), and we consider this appeal as a petition for certiorari. Shortly prior to her death, the decedent disinherited her son by means of a will prepared and witnessed by attorney Steven Fine. Decedent’s son, who is seeking to set a…
Authorities Cited
- Sears v. Stansbury, 374 So. 2d 1051 (Fla. 5th DCA 1979)
- DeARCE v. State, 405 So. 2d 283 (Fla. 1st DCA 1981)
- Suetta L. Andrews v. Allstate Ins. Co., 366 So. 2d 462 (Fla. 4th DCA 1978)
- Beth S. by her next friends and attorneys v. Grant Assocs., Inc., 426 So. 2d 1008 (Fla. 3d DCA 1983)