Florida District Courts of Appeal, 1992

Barner v. Vocelle

Barner v. Vocelle
Florida District Courts of Appeal · Decided April 22, 1992 · Anstead, Garrett, Polen
596 So. 2d 813; 1992 Fla. App. LEXIS 4669; 1992 WL 79731 (Southern Reporter, Second Series)

Barner v. Vocelle

Opinion of the Court

PER CURIAM.

The application for a writ of mandamus or alternatively, a writ of certiorari, is hereby denied.

POLEN and GARRETT, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

In view of the case law which holds that a client in civil proceedings has a right to choose counsel to represent her, I would grant certiorari relief. See State ex rel. Branch v. DuVal, 249 So.2d 468 (Fla. 3d DCA 1971). Whether the client is exercising poor judgment in her selection of a lawyer, for herself and her child, or whether she is exposing herself to liability for breach of an existing lawyer-client agreement, are not matters which the courts should or can resolve by refusing to allow her to change attorneys.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.