DILIA PALMA
v.
ALFREDO RIVERA ALAMILLA

Fla. 3d DCA | 2025-09-03
No. 2025-1181
Arzola, J., Logue, J., Lindsey, J., Bokor, J.
2025 FL 7620 Florida District Court of Appeal, Third District (2025)

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Holding

A trial court does not abuse its discretion in denying a motion to disqualify opposing counsel when the motion lacks sufficient grounds for this drastic remedy.


Headnotes

[1] Disqualification of a party's lawyer in a civil case is a drastic remedy that must be employed only in limited circumstances, and orders on motions to disqualify counsel…

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Key Quotes

“disqualification of a party's lawyer in a civil case is a drastic remedy, which must be employed only in limited circumstances.”

Standard of review for orders on motions to disqualify counsel, citing Cordero v. Cordero, 368 So. 3d 1065, 1068 (Fla. 3d DCA 2023)

Facts & Procedural History

Palma filed a motion to disqualify Rivera Alamilla's trial counsel in a civil case. The trial court denied the motion on May 21, 2025.…

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Per_curiam
Per Curiam

Third District Court of Appeal State of Florida

Opinion filed September 3, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1181 Lower Tribunal No. 23-22020-CA-01 ________________

Dilia Palma, Petitioner,

vs.

Alfredo Rivera Alamilla, Respondent.

On Petition of Writ of Certiorari from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.

J.G Remus Consulting Law Firm, P.L.L.C., and Jeremy George Remus (Jacksonville), for petitioner.

Nicklaus & Associates, P.A., and Edward R. Nicklaus and Mark A. Stuart; Campbell Conroy & O’Neil, and P. Brandon Perkins (Fort Lauderdale), for respondent.

Before LOGUE, LINDSEY, and BOKOR, JJ.

PER CURIAM.

2 We treat petitioner Dilia Palma’s petition for writ of certiorari as an interlocutory appeal1 of the trial court’s May 21, 2025 nonfinal order that denied Palma’s motion to disqualify respondent Alfredo Rivera Alamilla’s trial counsel.2 We affirm the challenged order because the trial court did not abuse its discretion in denying Palma’s disqualification motion. See Cordero v. Cordero, 368 So. 3d 1065, 1068 (Fla. 3d DCA 2023) (“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.” (citation modified)). Petition treated as interlocutory appeal and challenged order affirmed.

Footnotes
1 See Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause must be treated as if the proper remedy had been sought; provided that it will not be the responsibility of the court to seek the proper remedy.”).
2 See Fla. R. App. P. 9.130(a)(3) (“Appeals to the district courts of appeal of nonfinal orders are limited to those that . . . (E) grant or deny a motion to disqualify trial counsel[.]”).

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