PARASAILING ENTERPRISES, INC., CONTROLLED PARASAILING CORPORATION OF AMERICA, MARK MCCULLOH, ROY F. BEISWENGER AND WILLIAM J. BEISWENGER, INDIVIDUALLY, PETITIONERS,
v.
ELNORA MYERS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE EDWARD MYERS, AND KATHLEEN CARLETTA, INDIVIDUALLY, RESPONDENTS
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PER CURIAM.
The petitioners seek review of the trial court’s order denying their amended motion for substitution of counsel and admission of counsel pro hac vice. The respondents did not object to the substitution and the trial court made no finding that the substitution of counsel would interfere with the efficient and proper functioning of the court. Therefore, the denial of the motion for substitution was a departure from the essential requirements of law and we grant certiorari as to that ground. See Fisher v. State, 248 So. 2d 479 (Fla.1971); Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson v. Kleinschmidt, 498 So. 2d 453 (Fla. 3d DCA), rev. denied, 500 So. 2d 544 (Fla.1986). Because the trial court did not enter an order on the request for admission of counsel pro hac vice, we decline to address that issue.
Petition for writ of certiorari granted.
THREADGILL, C.J., and BLUE and WHATLEY, JJ., concur.
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Citator
Cited By
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Begonja v. Wyndham Vacation Resorts, Inc., 374 So. 3d 887 (Fla. 6th DCA 2023)…counsel would impact the efficient and proper functioning of the court (such as necessitating a continuance of the trial date), the denial on this basis was a departure from the essential requirements of the law. See Parasailing Enters. v. Myers, 659 So. 2d 1116 (Fla. 2d DCA 1995). The trial court’s reference to problems it has had with other out-of-state attorneys is not a reasonable basis to deny admission to these two attorneys. Unless the trial court was referring to McCain and Prince or attorneys with…
Authorities Cited
- Fisher v. State, 248 So. 2d 479 (Fla. 1971)
- Preddy v. Kleinschmidt, 498 So. 2d 453 (Fla. 3d DCA 1986)