Summary
granting certiorari relief where lead attorney was taken seriously ill shortly before trial was scheduled, trial was continued, then lead attorney's associate was taken seriously ill shortly before the rescheduled trial date, both attorneys were precluded from participating in the litigation, and the court denied the party's motion for another continuance, in light of complexity of litigation and amount of preparation required
Summary of this case from SSJ Mercy Health Systems, Inc. v. PoseyOpinion
No. 97-1047.
April 11, 1997.
Appeal from Circuit Court, Dade County, Philip Bloom, J.
Kuvin Lewis Restain Stettin, PA., and R. Fred Lewis, Miami, for petitioner.
Herman Roof Borgognoni Moore and Jeffrey M. Herman and Jeffrey S. Grubman, Miami, for respondent Horvath.
Before JORGENSON, FLETCHER and SORONDO, JJ.
Albert Edward Quinton, III, seeks review of an order denying his motion for continuance of a trial scheduled to begin Monday, April 14. We grant the petition; quash the order under review; and remand.
Quinton is a defendant in a complex legal malpractice action filed in 1995 that involves multiple parties, bankruptcy issues, multiple expert witnesses, and automobile franchise litigation. Quinton's lead attorney was taken seriously ill shortly before trial was originally scheduled to begin in March. The trial court granted a continuance until April 14. In early April, the lead attorney's associate was also taken seriously ill. Both attorneys are under the care of cardiologists and are precluded from participating in the litigation.
Quinton moved for a continuance of the April 14 trial date; the trial court denied the motion, and in so doing, abused its discretion and departed from the essential requirements of law. See Courtney v. Central Trust Co., 112 Fla. 298, 150 So. 276 (1933) (abuse of discretion to deny motion for continuance when trial counsel unable to proceed because of family emergency); Thompson v. General Motors Corp., 439 So.2d 1012 (Fla. 2d DCA 1983) (abuse of discretion for trial court to deny motion for continuance when trial counsel became ill).
In this case, it was not only Quinton's lead attorney, but the attorney's associate as well, who became seriously ill. In light of the complexity of this litigation and the amount of preparation that was required by these attorneys, it was an abuse of discretion for the trial court to deny the motion for continuance.
Certiorari granted; order quashed.