KMS Restaurant Corp. v. Searcy, Denney, Scarola, Barnhart & Shipley P.A.
Cases that cite this one
3 later published cases cite this decision.
- Clint Phinney v. Christina E. Phinney (Fla. Dist. Ct. App. 2025)
- NATHAN LEON GOFF v. HEATHER FRANCES GOFF (Fla. Dist. Ct. App. 2019)
- Riddle v. Riddle (Fla. Dist. Ct. App. 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
KMS Restaurant Corporation petitions this court for a writ of certiorari seeking review of an order disqualifying its attorney. The circuit court disqualified KMS’s counsel solely because he is a material witness in the underlying case. The trial court’s order departs from the essential requirements of law because it is not limited to disqualifying counsel from representing KMS at trial. Graves v. Lapi, 834 So.2d 359 (Fla. 4th DCA 2003); Cerillo v. Highley, 797 So.2d 1288 (Fla. 4th DCA 2001). The fact that counsel will be a material witness does not preclude him from participating in proceedings before and after trial.
Accordingly we grant this petition and quash the trial court’s order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.