SAAD RAHMAN, M.D., AND PENSACOLA NEPHROLOGY, P.A., D/B/A THE KIDNEY GROUP, A FLORIDA CORPORATION, PETITIONERS,
v.
RICHARD TAB JACKSON AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WENDY LEIGH KIRBY JACKSON; WYNDAL BLANKENSHIP, M.D., WYNDAL BLANKENSHIP, M.D., P.A., BARRY F. RIGGS, M.D., RADIOLOGY ASSOCIATES OF FORT WALTON BEACH, FLORIDA, INC., A FLORIDA CORPORATION, RADIOLOGY ASSOCIATES OF FORT WALTON BEACH, FLORIDA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND FORT WALTON BEACH MEDICAL CENTER, INC., A FLORIDA CORPORATION, RESPONDENTS
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The court quashed a trial court's order disqualifying petitioner's attorney because the motion to disqualify was filed more than two years after engagement, when the facts supporting disqualification were readily available to respondent, violating the requirement of reasonable promptness.
A motion to disqualify counsel must be made with reasonable promptness after discovering the facts supporting disqualification, and a trial court abuses its discretion by granting a late motion when the facts were readily available to the opposing party.
[1] A motion to disqualify opposing counsel must be filed with reasonable promptness after discovery of the facts supporting disqualification, and cannot be used strategicall…
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Join FLexlaw to unlock all legal intelligence“a motion to disqualify should be made with reasonable promptness after the party discovers the facts which lead to the motion”
Transmark standard for timeliness of disqualification motions
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Join FLexlaw to unlock all legal intelligencePetitioner Rahman engaged an attorney to represent him in litigation. More than two years later, Respondent Jackson filed a motion to disqualify Rahma…
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PER CURIAM.
Petitioner Saad Rahman (“Petitioner”) seeks certiorari review of the trial court’s order disqualifying his attorney. Respondent Richard Tab Jackson (“Respondent”), as the Personal Representative of the Estate of Wendy Leigh Kirby Jackson, filed a motion to disqualify Petitioner’s attorney more than two years after Petitioner engaged that attorney to represent him in this matter. When Petitioner hired his attorney, the facts supporting the motion to disqualify were readily available to Respondent through a deposition that was taken before Petitioner was ever named as a defendant. In Transmark, U.S.A., Inc. v. State, Department of Insurance, 631 So. 2d 1112, 1116 (Fla. 1st DCA 1994), we held that “[a] motion to disqualify should be made with reasonable promptness after the party discovers the facts which lead to the motion.” We further explained, “The rationale behind this rule is to prevent a litigant from using the motion as a tool to deprive his opponent of counsel of his choice after completing substantial preparation of the case.” Id. Because the trial court failed to apply these principles, and the injury caused by the order is not remediable by appeal, certiorari relief is warranted. Accordingly, we GRANT the petition and QUASH the order disqualifying Petitioner’s counsel.
KAHN, BENTON, and LEWIS, JJ„ concur.
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Citator
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Zayas-Bazan v. Marcelin, 40 So. 3d 870 (Fla. 3d DCA 2010)…iling of such motion.”). 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 [*873] leading to the alleged conflict. See Rahman v. Jackson, 992 So. 2d 390, 390-91 (Fla. 1st DCA 2008) (granting petition for certiorari and quashing order granting motion to disqualify where facts leading to the motion to disqualify were readily available more than two years prior to the filing of the motion to disqualify…
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L. E. B. v. D. D. C. (Fla. 2d DCA 2020)
Authorities Cited
- Transmark v. State, 631 So. 2d 1112 (Fla. 1st DCA 1994)