Dario Carnevale and Flavia Carnevale v. Guy M. Shir, et al.

No. 3D25-0680 (Fla. 3d DCA Mar. 25, 2026) · District Court of Appeal of Florida, Third District · March 25, 2026 · No. No. 3D25-0680

Summary

The Florida Third District Court of Appeal affirmed a non-final trial court order in an appeal concerning an attempt to disqualify opposing counsel. The court relied on precedent emphasizing caution regarding disqualification motions and the need to file such motions promptly after discovering the alleged conflict.

Holdings

  1. The trial court did not abuse its discretion in rejecting the attempt to disqualify opposing counsel, and the non-final order was affirmed.

Questions Presented

  1. Whether the trial court properly rejected the appellants' attempt to disqualify opposing counsel where the motion was not filed promptly after discovery of the alleged conflict.

Disposition

affirmed

Cases Cited (4)

  • Takefman v. Pickleball Club LLC, 422 So. 3d 239, 240 (Fla. 3d DCA 2025)(followed)
  • Zayas-Bazan v. Marcelin, 40 So. 3d 870, 872-73 (Fla. 3d DCA 2010)(followed)
  • Transmark, U.S.A., Inc. v. State, Department of Insurance, 631 So. 2d 1112, 1116 (Fla. 1st DCA 1994)(followed)
  • Lackow v. Walter E. Heller & Co. Southeast, Inc., 466 So. 2d 1120, 1122 (Fla. 3d DCA 1985)(followed)

Cited In (0)

No citing cases on record yet.

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