sunEthics

Trial court erred by ordering lawyer's disqualification after appeal had been filed.  [Added 7/24/10]

    Lawyer represented Kluck in a litigated matter.  Kluck's opponent filed a motion to disqualify Lawyer.  The motion was heard after Kluck had appealed an order in the case.  The trial court granted the motion and disqualified Lawyer.  Seeking to quash the disqualification order, Kluck petitioned the Fifth DCA for a writ of certiorari.

    The appellate court granted the petition and quashed the disqualification order.  "The trial court lost jurisdiction when the notice of appeal was filed, and the order of disqualification entered during the pendency of the appeal was a nullity.  See Holmes Reg'l Med. Ctr., Inc. v. Rose, 721 So.2d 764 (Fla. 5th DCA 1988)."  Kluck v. Cloninger, __ So.3d ___ (Fla. 5th DCA, No. 5D10-373, 7/23/2010).

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