ERIC OMAR HERRERA
v.
LADA HAVLOVA HERRERA
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An attorney's prior representation of a party is not substantially related to a dissolution proceeding where the matters involve different transactions or disputes, and a party waives the right to seek disqualification by failing to promptly move for it upon learning of the conflict.
[1] An attorney's prior representation of a party does not create a disqualifying conflict under Florida Rule of Professional Conduct 4-1.9 unless the matters are substantial…
[2] A party waives the right to seek disqualification of opposing counsel by failing to promptly move for disqualification upon learning of the facts constituting the alleged…
Previewing 2 of 2 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.”
The court cited Zayas-Bazan v. Marcelin to explain the waiver doctrine and its rationale of preventing litigants from using disqualification motions as tactical tools after substantial case preparation.
Eric Omar Herrera appealed a non-final order from the Circuit Court for Monroe County regarding a dissolution proceeding. The appeal involved a motion…
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Third District Court of Appeal State of Florida
Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0896 Lower Tribunal No. 21-DR-267-K ________________
Eric Omar Herrera, Appellant,
vs.
Lada Havlova Herrera, et al., Appellee.
An Appeal from a non-final order from the Circuit Court for Monroe County, Bonnie J. Helms, Judge.
Joyce Law, P.A., and Richard F. Joyce, for appellant.
Lawrence E. Harkenrider; Robert B. Goldman, for appellee.
Before FERNANDEZ, MILLER and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Goff v. Goff, 276 So. 3d 83, 87 (Fla. 2d DCA 2019) (quashing disqualification of counsel under Florida Rule of Professional Conduct 4-1.9 where attorney’s prior representation was wholly distinct from dissolution proceeding and any confidential financial information obtained from prior representation was encompassed by parties’ financial disclosures); R. Regulating Fla. Bar. 4-1.9 Comments (“Matters are ‘substantially related’ for purposes of this rule if they involve the same transaction or legal dispute, or if the current matter would involve the lawyer attacking work that the lawyer performed for the former client.”); see also 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. 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.” (citations and quotations omitted)).