DARIO CARNEVALE, ET AL.
v.
GUY M. SHIR, ET AL.
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The court affirmed the trial court's decision, finding no abuse of discretion in denying the disqualification of opposing counsel.
[1] A party waives the right to seek disqualification of opposing counsel by failing to promptly move for disqualification upon learning of the facts that would support such…
[2] Motions to disqualify opposing counsel should be viewed with caution and skepticism as they can be used to harass opposing parties for tactical reasons.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A party can waive his right to seek disqualification of the opposing party's counsel by failing to promptly move for disqualification upon learning of the facts leading to the alleged conflict.”
Zayas-Bazan v. Marcelin, establishing the promptness requirement for disqualification motions
This case involved an attempt to disqualify opposing counsel. The trial court denied the motion to disqualify.…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Affirmed.
See Takefman v. Pickleball Club LLC, 422 So. 3d 239, 240 (Fla. 3d DCA 2025) (“This case concerns an attempt to disqualify an opposing party's counsel. Such attempts should be viewed with caution and skepticism as they can be used to harass the opposing party and counsel, or for other indecorous tactical reasons. Because the trial court did not abuse its discretion in repudiating these attempts, we affirm.”); Zayas-Bazan v. Marcelin, 40 So. 3d 870, 872–73 (Fla. 3d DCA 2010) (“A party can waive his right to seek disqualification of the opposing party's counsel by failing to promptly move for disqualification upon learning of the facts leading to the alleged conflict.”); Transmark, U.S.A., Inc. v. State, Dept. of Ins., 631 So. 2d 1112, 1116 (Fla. 1st DCA 1994) (“A motion to disqualify should be made with reasonable promptness after the party discovers the facts which lead to the motion."); Lackow v. Walter E. Heller & Co. Se., Inc., 466 So. 2d 1120, 1122 (Fla. 3d DCA 1985) (“[A]fter learning of the facts supporting a motion to disqualify counsel, a party may not unduly delay the filing of such motion.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Zayas-Bazan v. Marcelin, 40 So. 3d 870 (Fla. 3d DCA 2010)
- Lackow v. Walter E. Heller & Co. Se., Inc., 466 So. 2d 1120 (Fla. 3d DCA 1985)