Kiriakidis v. Kiriakidis

855 So. 2d 208 (2003)

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Kiriakidis v. Kiriakidis

Florida District Court of Appeal
855 So. 2d 208 (2003)

  • Written by Liz Nakamura, JD

Facts

Kiriakos Kiriakidis (defendant) filed for divorce from his wife, Zolinda Kiriakidis (plaintiff). Zolinda then filed a counterclaim for annulment, which Kiriakos moved to dismiss as defective. While Kiriakos’s motion to dismiss was pending, Zolinda’s attorney moved to withdraw. After a hearing, which Zolinda did not attend, the trial court (1) granted Zolinda’s attorney leave to withdraw; (2) granted the attorney a charging lien; (3) ordered that Zolinda was required to satisfy the charging lien before she could substitute in new counsel; and (4) gave Zolinda 20 days to file an amended counterclaim to avoid dismissal. Zolinda first received notice of the trial court’s order 15 days after it was entered. Zolinda moved (a) for a rehearing on the motion to withdraw, arguing that the trial court could not require Zolinda to satisfy her former attorney’s charging lien as a condition precedent to substituting in new counsel because the amount Zolinda owed was still undetermined; and (b) for an extension of time to file her amended counterclaim. The trial court denied Zolinda’s motions. Zolinda appealed, arguing that the trial court’s ruling deprived her of her right to counsel.

Rule of Law

Issue

Holding and Reasoning (Warner, J.)

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