Kluck v. Cloninger

District Court of Appeal of Florida

Kluck v. Cloninger

39 So. 3d 1277, 2010 Fla. App. LEXIS 10810, 2010 WL 2867101

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 2010

Docket5D10-373

StatusPublished

Cited by2 cases

This text of 39 So. 3d 1277 (Kluck v. Cloninger) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kluck v. Cloninger, 39 So. 3d 1277, 2010 Fla. App. LEXIS 10810, 2010 WL 2867101 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

The petitioner, Calvin Kluck, seeks a writ of certiorari directed to an order of the trial court that disqualified his attorney. We grant the petition and quash the order.

The trial court did not have jurisdiction to rule on the motion to disqualify. The motion to disqualify was heard after Kluck had appealed a final “Order Admitting Will to Probate and Appointing Personal Representative (self-proved).” The trial court lost jurisdiction when the notice of appeal was filed, and the order of disqualification entered during the pendency of the appeal was a nullity. See Holmes Reg’l Med. Ctr., Inc. v. Rose, 721 So.2d 764 (Fla. 5th DCA 1998).

Therefore, the petition for certiorari is granted, and the January 4, 2010, order disqualifying petitioner’s attorney is quashed.

PETITION GRANTED, ORDER OF DISQUALIFICATION QUASHED.

PALMER, COHEN and JACOBUS, JJ., concur.

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