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KLUCK v. CLONINGER

No. 5D10-373.

39 So.3d 1277 (2010)

Calvin KLUCK, Petitioner, v. Evelyn CLONINGER, Respondent.

District Court of Appeal of Florida, Fifth District.

July 23, 2010.

Attorney(s) appearing for the Case

Janet L. Schmidt, Alexandria, Virginia, for Petitioner.

David C. Brennan of the Brennan Law Firm, Orlando, for Respondent.

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...

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