Dilia Palma v. Alfredo Rivera Alamilla

No. 3D25-1181 (Fla. 3d DCA Sept. 3, 2025) · District Court of Appeal of Florida, Third District · September 3, 2025 · No. 3D25-1181

Summary

The Florida Third District Court of Appeal treated Dilia Palma’s petition for writ of certiorari as an interlocutory appeal from an order denying her motion to disqualify Alfredo Rivera Alamilla’s trial counsel. The court affirmed, holding that the trial court did not abuse its discretion because disqualification of counsel is a drastic remedy available only in limited circumstances.

Court
District Court of Appeal of Florida, Third District
Writing for the Court
LOGUE; LINDSEY; BOKOR
Jurisdiction
Florida Third District Court of Appeal
Decision date
September 3, 2025
Docket number
3D25-1181
Procedural posture
Petition for writ of certiorari treated as interlocutory appeal of nonfinal order denying motion to disqualify counsel.
Standard of review
Abuse of discretion
Precedential value
published
Parties
Dilia Palma v. Alfredo Rivera Alamilla
Disposition
affirmed

Topics

sanctionsappellate jurisdictionstandard of reviewcivil procedure

Practice areas

civil procedureappellate procedure

Questions Presented

  1. Whether the trial court abused its discretion in denying the motion to disqualify respondent's trial counsel.

Holdings

  1. The trial court did not abuse its discretion in denying the motion to disqualify counsel because disqualification is a drastic remedy to be employed only in limited circumstances.

Key quotations

The Court's standard of review for orders entered on motions to disqualify counsel is that of an abuse of discretion. We note, however, that disqualification of a party's lawyer in a civil case is a drastic remedy, which must be employed only in limited circumstances.

Factual background

The opinion does not recite detailed underlying facts. The procedural posture indicates that in the underlying civil case, Palma filed a motion to disqualify Alamilla's trial counsel, which was denied by the trial court on May 21, 2025. Palma then sought certiorari review.

Procedural history

The trial court denied Palma's motion to disqualify respondent's trial counsel. Palma petitioned for writ of certiorari. The District Court of Appeal treated the petition as an interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.040(c).

Court Document

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