KMS RESTAURANT CORP, A FLORIDA CORPORATION, PETITIONER,
v.
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY P.A., AND JOHN (JACK) SCAROLA, ESQ., RESPONDENTS
KMS Restaurant Corporation petitions this court for a writ of certiorari seeking review of an order disqualifying its attorney. The circuit court disqualified KMS’s counsel solely because he is a material witness in the underlying case. The trial court’s order departs from the essential requirements of law because it is not limited to disqualifying counsel from representing KMS at trial. Graves v. Lapi, 834 So.2d 359 (Fla. 4th DCA 2003); Cerillo v. Highley, 797 So.2d 1288 (Fla. 4th DCA 2001). The fact that counsel will be a material witness does not preclude him from participating in proceedings before and after trial.
Accordingly we grant this petition and quash the trial court’s order.
MAY, C.J., GERBER and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Goff v. Goff, 276 So. 3d 83 (Fla. 2d DCA 2019)
-
Phinney v. Phinney, 427 So. 3d 1041 (Fla. 3d DCA 2025)
-
Len K. Furman v. Furman, 233 So. 3d 1280 (Fla. 2d DCA 2018)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cerillo v. Highley, 797 So. 2d 1288 (Fla. 4th DCA 2001)
- Graves v. Lapi, 834 So. 2d 359 (Fla. 4th DCA 2003)